THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the City of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 15th of January 1794, and the following Days; Being the SECOND SESSION in the Mayoralty of The Right Hon. PAUL LE MESURIER, Esq.

LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY MANOAH SIBLY, PROFESSOR OF SHORT-HAND, NO. 35, Goswell-Street, And Published by Authority.

NUMBER II. PART I.

LONDON: Printed and published by HENRY FENWICK , No. 63, Snow Hill.[PRICE ONE SHILLING and FOUR-PENCE.]

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

BEFORE the Right Honourable PAUL LE MESURIER , Esq. Lord MAYOR of the City of London; the Right Honourable SIR ARCHI-BALD MACDONALD, Lord Chief Baron of His Majesty's Court of Exchequer; the Honourable SIR NASH GROSE, one of the Justices of his Majesty's Court of King's Bench: the Honourable GILES ROOKE , ESQ. one of the Justices of His Majesty's Court of Common Pleas: SIR JOHN WILLIAM ROSE , Serjeant at Law, Recorder of the said City: JOHN SILVESTER , Esq. Common Serjeant at Law of the said CITY; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

London Jury.

Robert Collings

Peter Lekeux

Thomas Budd

James Shakeshast

John Hovatt

Joseph Essex

Alexander Sangster

Stephen Reynolds

John Ferrard

William Lambert

Thomas Wilson

Alexander Duxbury

First Middlesex Jury.

Martin Robinson

Solomon Erwood

Francis Feather *

Joseph Simpson

Charles Charlesworth

John Willmott *

Cornelius Paas

John Robson

Joshua Dunn *

James Hamilton

George Fryar

Edward Brooke

John Paas , Thomas Blinco , and Henry Oldfield , served part of the time in the room of those marked with a star.

Second Middlesex Jury.

Samuel Acton *

William Hughes *

John Morgan *

James Maitland

William Phillips *

William Ashley

Daniel Hoffman

Henry Webb *

John Hurst *

George Roberts *

James Bevan

Joseph Moore

Thomas Holland , William Hall , Tristram Freeman , Jasper Willis , Hugh Burn , John Groom , and William Higgs , served part of the time in the room of those marked with a star.

I am a jeweller and silversmith, in the Strand, near Temple-bar. I know the prisoner at the bar, by coming to my shop the 10th of December last; I believe, it might be between the hours of three and four in the afternoon; he called at my shop to sell a piece of gold, which I have here in my hand; it weighs one ounce, six penny weights, and twelve grains, I imagine, it is worth about three pounds an ounce, from the trial that I made of it.

Mr. Kirby. The prisoner says he does not understand rightly, he is a German.

AN INTERPRETER sworn.

Essex. I examined the gold, and it appeared to me from the state in which it was, that he was a workman to somebody that worked in the gold line; I enquired how the gold came in that state, he observed, that he was a spring maker; I understanding that he means, that he was a watch spring maker, I asked him, if he was a secret spring maker for watches? he said, he was, and these were drillings; I then observed, that it was impossible for these to come from drillings, such an immese quantity as he produced to me; he then appeared very much confused, and desired the gold again; I told him, I could not comply to his request, till he gave me proper information how he came by it; I was certain he had told me a falfity; he then observed, that it was watch cases, that he had melted down; I observed, I must take charge of him, and the gold too, till such times as I had better information; he then forced his way out; an apprentice of mine stood at the door to intercept his running out; he got out; a hue and cry took place, and he was taken in the street, and brought back to my house by strangers, I suppose, in the space of a quarter of an hour, there was such a number of people, I was obliged to shut up my shop; I then took him back into the shop, and requested of him to let me know, whom he lived with, that he had thrown a great deal of guilt upon his conduct, and that he must go with me to Bow-street; I asked him his name, and where he lived? he then observed, that his name was John Frederic Wolsel, and that he lived at No. 2, Leicester-street, Swallow-street, and that his master's name was Delauney, in Crown-street, Soho. I put him into the hands of a constable, and sent for Mr. Delauney; and Mr. Delauney, and we, went to Bow-street, together, and the Justice desired that I would go with Mr. Delauney, and search the prisoner's lodgings. I believe, it is in the house of Mr. Atkinson, a

carpenter. I went to this house with Bathol the constable, and Mr. Delauney; we enquired, if Mr. Wolfel lived there, and was informed he did; we searched the lodgings; we found a quantity of gold, which will be produced to you; it was in my custody till we went before the Grand Jury, when I gave it up to the custody of the constable, sealed; the constable brings it here.

JAMES BATHOL sworn.

This is the same gold received from Mr. Essex.

Essex. In looking round the room I saw some charcoal, it struck me forcibly, that there must be some crucible, or something to melt it in. I found a crucible, in which gold had been melted, and in a large chest I found some gold, melted in the same state as that he offered at first for sale. I found all the rest of the parcels that are stated in the indictment; I took them to Bow-street, and the prisoner was committed. There were a variety of parcels found, but the whole I gave to the constable sealed up, at the Grand Jury; some melted down, some in pieces, such as workmen use; the round pieces melted down, except that one he offered for sale, were in the chest; a pair of earrings were found amongst some soul clothes in a drawer.

Q. Did the prisoner say, that he lodged in that house of Mr. Atkinson's? - He told me so.

Q. Did he tell you in what apartment? - He said, it was on a ground floor, a small little room on the back of the shop; there is a shop in the front for hardware and toys; he seemed very much alarmed for his wife, as he called, a woman whom we found in the room, and his family; she came forward as his wife at Bow-street; the prisoner told us, that his wife was there, and had the key; we found the person there of the name of Sufanask Beazley. After we had examined the other places, I observed a large box, and she gave us the key to open it, and in that box, I found these parcels of gold, the lump, and some other small parcels; this little box was also in the chest.

Q. Did you ever collect from the prisoner, to whom all this belonged? - He never mentioned any thing, but at Bow-street, that I heard; he there observed, that he brought it from Germany.

Q. Did you know at all before you went to his apartment, that you should find any thing there? - I did not, I was only to go to his wife, to inform her where he was.

Q. Was that the way in which he acquainted you where he lodged? - I requested to know where he lived, that I might inform those about him of the situation he was in.

Q. You don't know at all, to whom this property belonged? - Not to my knowledge, Mr. Delauney has sworn to some of it.

Prisoner. I have nothing to say, only whether Mr. Delauney can swear to it.

JAMES BATHOL .

I am a constable. I remember going with the prisoner at the bar to Bow-street, I took him into custody at Mr. Essex's house.

Q. Did you learn of him, where his lodgings were? - Yes, he told me going to the watch-house, and required I would go, and let his wife know; he told me he lodged in No. 2, Leicester-street, Swallow-street; he said, he had a back room there on the ground floor; I went with Mr. Essex to these lodgings, I knocked at the door, and a little girl opened the door; I went to the back room, and we found the things that Mr. Essex has described, I was present; they

were delivered into my custody on Monday last, by Mr. Essex; Mr. Bond desired that I would seal them up with my own seal, and leave them at Mr. Essex's house, I did; and they were delivered to me on Monday last, and I have kept them from that time to this.

TIMOTHY ATKINSON sworn.

I am a carpenter. I live at No. 2, Leicester-street, Swallow-street; I know the prisoner at the bar very well; he lodged with me about four or five months.

Q. Did he lodge with you, when Mr. Essex and the beadle came to your house? - He did, but I was not at home at the time; he lodged then in that back parlour, and had done so sometime before.

ANDREW DELAUNEY sworn.

Peter Delauney and Giles Loyer, are my partners. I live at No. 7, Crown-street, Soho; we are working goldsmiths.

Q. Do you, and your two partners dwell in that house? - No, we do not all of us; the expence of the house is paid for jointly, but one of the partners lives out of the house.

Q. Do you know the prisoner at the bar? - Yes, he worked with us, eight months and three weeks.

Q. Had you missed any of your property, your gold? - Yes, I missed gold at several times. I was sent for to Mr. Essex's, I went there, and he shewed me some gold, it was a little lump.

Q. Should you know it again? - Yes, I could not swear to it. After that, I went to Bow-street. I went with the constable and Mr. Essex, to search his lodgings, by the desire of Mr. Bond.

Q. Did you see any thing, that you can swear to? - Yes, there are particulars here I can swear to; I can swear to the flat pieces, they are worth about six pounds.

Q. How can you swear to them? - By the different carats being marked on the pieces of gold, we make use of twelve carats, eighteen carats, and twenty carats; and for fear the workmen should take wrong gold to use for different works, it was my custom to write the number of carats on the pieces of gold; these are so marked, they are scratched with a file, I marked them on both sides, because, being in a hurry, the men might know at once what gold to employ; some of these pieces are here, five are marked eighteen and others twenty.

Q. Is it not a common thing for people in your line of business to do the same way? - I do not know, it is my way.

Q. Looking at these figures do you mean to swear to your figures? - I do, I can swear to them.

Q. You mean to say that these figures are your hand writing? - I do, I mean to say also that there are some other pieces that I believe are mine, but I am not so positive as the others; the ear-rings are of a pattern that I had in my house, and the prisoner had such to make, but I cannot swear to them; I often missed the gold, and complained several times that I did not know how the gold was going off.

Prisoner. I made the mark on the gold myself.

Court to Delauney. Are you positive that you made these marks on the gold? - I am.

Prisoner. I have come from Germany about three years, I brought the things from there, I have no witness because the time was so short I could not get them over from Germany.

70. THOMAS MORRIS NICHOLSON , JAMES JONES and WILLIAM CHAPPEL were indicted for feloniously stealing, on the 2d of November , a promissory note called a bank post bill, value 20l. marked O.3, number N. 538, dated London the 8th of June 1793, with the name of C.O. Lear, thereunto subscribed for the governor and company of the bank of England, for the payment of it at seven days sight to the Earl of Mansfield or order, on the bank, of which promissory note Mansfield was thereon indorsed, and another promissory note, called a bank post bill, value 15l. marked O.3, number N. 529, dated London the 8th of June 1793, with the name of C. O. Lear, thereunto subscribed, for the governor and company of the bank of England, for the payment of it at seven days sight to the Earl of Mansfield or order, on the back of which there was an indorsement. Mansfield; and also seven guineas , the property and monies of William Cartwright .

WILLIAM CARTWRIGHT sworn.

I am a pensioner in the charterhouse, I have been a pensioner there ever since the 15th of May, I came in there the 15th of June, I had been before in the farming line; I lived with my Lord Stormont eight years, now the Earl of Mansfield, I was his bailiff. On the 15th of June I settled with his lordship at Portland, I received a twenty pound bank post bill, and a fifteen pound bank post bill, and seven guineas and three or four more, I cannot justly say, when I got to the Charterhouse I locked it all up in my desk. On the 1st of November, the prisoner Nicholson, came to me to the Charterhouse, he came to see me then, but he did not light of me, the next day the 2d of November he came again.

Q. Did you know him before? - Never saw him before to my knowledge.

Q. Do you know him now? - O, Yes, I know him now very well, it is the outside one next to the jury; he came to me with a presence he had an acquaintance he wanted to get into the Charter-house, I took him up into my room, and shewed him the rules of the Charter-house.

Q. Had he desired to see the rules? - I cannot say whether he did or did not; I took him up to my lodgings, my desk was in the lodging room, after he had read the rules he said he liked them very well, they were very good; then we came down to the gateway, leading to the square, and he asked me to take a walk with him, I took a walk with him, we went about a quarter of a mile together, I cannot say to what street; we went to a public house, and just at the going in at the corner Chappel met us; I don't know the name of the public house, nor what street.

Q. Did you know Chappel before? - Never saw him in my life to my knowledge.

Q. Do you know him now? - Yes, he is the middlemost, Chappel said to Nicholson have you seen any thing, yes, says he, I have seen what I am very well satisfied with, and I have got what I want; then we went into a large room, Nicholson, Chappel and I, Nicholson called for a glass of liquor, and paid for it; then Jones came into the same room with a glass of liquor in his hand, and when he came in, he said, gentlemen, I hope no offence, no, says Chappel, no offence at all, then Jones said he had come out of Coventry, he was a ribbon weaver, and his aunt was dead, and had left him four hundred pounds, and he had come up to receive it; he said she was the farmer of the workhouse, Chappel asked him what character his aunt bore? he

afraid her character was that she was a pincher of the poor; Jones then pulled out a quantity of notes; Chappel said to Jones I suppose you think nobody has got no money but you? no, says Jones, I lay you ten pounds a piece that you don't produce forty pounds a-piece in two hours, then we all came out into the street, and Chappel said that he would go to the Spotted Horse, near Moorfields. Nicholson and Chappel had asked me whether I could shew so much money? Jones was there by them at the same time, they said they could, I told them I believed I could, then we went into the street; Jones went with Chappel, and Nicholson came along with me to the Charterhouse, to my room, he went up with me to the room, and was there when I opened my desk, and I took out two notes, a twenty pound bank post bill, and a fifteen pound bank post bill; I took them out and laid them in the window myself, and he looked at them, and said they were very good.

Q. Did you know the number of the bills? - I cannot say I did, I did not take notice.

Q. Was there any indorsement on the nores? - There was Mansfield on the back of both of them, I see my Lord Mansfield write the name on them.

Q. After Nicholson had said they were good, what did you do then? - I took out five guineas out of a little box, to make up the forty pounds, from the same desk, Nicholson said I had better take another guinea or two, so I took another, and one guinea I had in my pocket, that made up seven guineas, then we came down and walked till we came to where there were some coaches, and Nicholson called a coach, and he ordered the coachman to drive to the Spotted Horse or Dog.

Q. Had you desired him to call that coach? - No.

Q. Had you desired him to tell the coachman to drive to the Spotted Horse? - No.

Q. Did you go to the Spotted Horse? - Yes.

Q. When you got to the Spotted Horse what happened then? - We got out of the coach, and went into the Spotted Horse, into a back room, and there were Chappel and Jones both of them, then we sat down, and Jones put down a paper of ten pounds for each that could produce the forty pounds, I shewed my forty pounds, and then I won the ten pounds.

Q. Did you see what was on the note that was given you? - I did not, I put it in my pocket, my own notes I put them on the table to shew them, and whether I put them in my pocket or no again with the ten pounds I don't know.

Q. After this what happened? - Jones wrote out four letters on the table, H, O , N, H , he went and turned his back at the end of the room, and he said he would lay a guinea a-piece that he would name a letter that they were to make by the side of these, and to put under a bason. and there was a letter made, and he went and turned his back.

Q. Who wrote the letter? - I cannot say.

Q. Did you make the letter? - I can not tell whether I did or no; the letter that was to be made was made by the side of these four, then the letters were covered, and Jones named a letter, and he did not name the right, then I, Chappel. and Nicholson, won a guinea a piece, then they would lay again, Nicholson and Chappel said we might as well have some of Jones's money as not, as he had received so much, for he was sure to lose it, both of them said so, and there was another letter made, Chappel and Nicholson said we may as well make it more, we are sure to win, and there was one sum mentioned, and then another sum mentioned, I am not certain by whom and what, and then I laid all my notes and the seven guineas on the table, then they would make a letter again,

Q. Did you guess at all? - No, I never did. Then he came and swept the money and notes all off, and went to the door, my notes and money were on the table.

Q. What did Nicholson and Chappel do at the time he swept them off? - They sat still; the officers then came in, and they all got up and begged and praved, and the officers said that they should go to justice, they begged and praved to be let lose, the officers said they had been doing me, and they should go to justice, then Jones, after the officers had been in some time, came to me and put some papers into my hand, a lump of papers, and I put it into my pocket.

Q. Did you look to see what that paper contained? - No, I took it to the justice and delivered it before the justice; one of them said that I had some money in my pocket, I don't know which it was said so, I said, I don't know that I had, except some of them had put it in.

Q. Did you observe any thing else, with respect to the prisoners? - Yes, they found six guineas in Jones's smock pocket that is all.

Q. You say you knew neither of these prisoners before in your life? - Never saw them to my knowledge in my life.

Q. You say they produced notes on the table, did they appear to be bank notes? - Jones had pulled out one and shewed it to Chappel, and he said it was good.

Q. Had you ever played at this game before in you life? - Never saw it in my life.

Q. Did you understand the game that you was playing? - No.

Q. Should you have played at this game, had you not supposed that these notes were bank notes? - No, I never was no gambler or player.

Mr. Knewlys. You never was a gambler or player? - Never.

Q. Why you gambled pretty high on this occasion? - They told me.

Q. You thought you could got some of this man's money, you liked it well enough when you won, and you would have liked to have got his forty pounds well enough? - I believe my senses were taken away by what was in the drink.

Q. You first of all betted a guinea on naming of the letter? - Yes.

Q. When you first went there you produced the forty pounds? - I did.

Q. You put down forty pounds on the table and there it lay before you? - I did.

Q. And by that means you won a bet of ten pounds? - I did.

Q. He gave you the ten pounds? - He gave me a note.

Q. For any thing you know to the contrary it was a ten pound note? - I never looked at the note.

Q. Then however afterwards you played at this game of betting and there were four letters marked? - There were, and the prisoner Jones he went and turned his back and was to guess which of the four had been pitched upon.

Q. The first bet of that fort you won, did he pay you? - He did.

Q. And the money you expected? - Yes.

Q. Now if you had ended there you would have gone away with a guinea in your pocket, you would not have thought of returning him the guinea? - No, I should suppose not.

Q. Now I ask you again if you had had the good luck to have won this forty pounds bet you would have pocketed it, would not you? - Yes, I shall not speak against my conscience.

Q. Did not you propose to the others, why don't let him go off with the winnings, we will try again if we can have it back? - No, I did not make that proposal as I recollect.

Mr. Knowlys addressed the court, that he thought the desendants from the circumstances that had come out in the evidence of the prosecutors, ought not to be put on their defence.

But the court were of opinion that it was for the jury to judge whether they had not dominion over this property from the very beginning, and if they should believe, that, all that followed, was in order to get the whole into their own hands, then it would manisest a full design of sraud on their parts.

JOHN ARMSTORNG sworn.

I am one of the police officers at Shoreditch; I went to the Spotted Horse on Saturday, the 2d of November about one o'clock at noon, and I see the three prisoners, Jones then was by the side of the door as if he was coming out of the room, I returned out of the Spotted Horse and called Harper and Blackiter in, Jones went into the room again, whether he came out to order any thing I don't know; we went into the room and there were the three prisoners there and Mr. Cartwright, we all being in the room I told the three prisoners they must go to the magistrate, the prisoners said the man had lost no money, and begged of us not to take them.

Q. Had you attacked him and told him that the man had lost any money? - No, I had not, I see them do nothing, but I see there had been some kind of chalk on the table and there was some liquor in a bowl; we took them to the magistrate and sent for another officer to take care of Cartwright, we took them to the magistrate and Mr. Cartwright gave his information to Mr. Flood and Clark, I was ordered to search them, I searched Jones, and found these papers, some are notes of linen drapers, and some belong to tea shops, they were in this pocket book, I found in this canvas bag these halfpence sewed up in this piece of linen, four guineas and a half in gold, a two guinea piece, about three-pence farthing of loose money, all that gold was returned but one guineas, which I was ordered to keep. During the examination, Mr. Cartwright pulled out of his waistcoat pocket these notes I now produce, here is a fifteen pounds note and a twenty pounds note, and four or five other notes which were delivered to me with them, notes for two-pence, and false notes; in Mr. Cartwright's pocket these guineas were found, then I had orders to search Mr. Nicholson which I did, there were a guinea and a half, I believe I found in gold on him, and some notes like the others, slash notes.

Q. Did you see what these notes were that you found on Jones? - Yes.

Q. Did you see any good notes? - None. Blackiter searched Chappel.

WILLIAM BLACKITER sworn.

I was with Harper and Armstrong when we apprehended these three prisoners, I searched Chappel, I found eighteen-pence in his pocket, in a pocket book which I have got now with it, and two pieces of paper, a false note, and a paper, containing some names.

(The two bank post bills read by the clerk of the court.)

Prisoner Jones. At the time the wager was laid with Mr. Cartwright, I put down forty pounds good money in bank

71. GEORGE SMITH was indicted for stealing, on the 23d of October , two live tame geese, value 4s. a live tame gander, value 2s. the goods of Richard Watson .

RICHARD WATSON sworn.

I live at Staines , I lost two geese and a gander the 23d of October, I did not miss them till after the man had stole them that very morning, I had seen them the day before, the 22d, about three o'clock in the afternoon, they were taken away in the night, and I was had to ask whether they were mine or not.

Q. At what time of the day was you asked the question? - In the morning by eight o'clock, by William Brown.

Q. Where did you keep your geese of a night? - On the common.

Q. It was on the common you saw them on the night before? - It was.

Q. How long had you had these geese? - I bred them myself there was one old one, and two young ones, they are pretty near a twelve month old now.

Q. There was a gander, was not there? - There was.

Mrs. BROWN sworn.

I was coming home the 23d of Octo ber from my work between ten and eleven at night; I live at a place called Nowel-green, and I work for Mr. Pigot at Staines, I heard a great noise of geese in a place called Shortwood, it is near Mr. Watson's house, within a quarter of a mile, and I called the neighbours up to go and see what was the matter with these geese, when we came on the common we saw a man with a sack on his shoulder, it was the prisoner, we pursued him and he threw the sack down and ran away, I ran after him, I picked up the sack and there were two geese and a gander in it.

Q. Did you happen to know whose geese they were? - Not before the man owned them; I applied to the man in the morning; I enquired about the geese, whose geese they were, and this man owned them.

Q. Did you go to Watson? - Yes.

Court to Watson. Tell me whether the geese that the last witness shewed you were your's? - Yes, they were.

Q. How did you know them? - By the mark. They were marked in the two outside webs of the right foot, my housekeeper marked them and I held them the while; I am certain they are mine, I had seen them the day before.

WILLIAM CLARKE sworn.

William Brown called me up about a quarter before eleven for to assist him; he thought there was somebody stealing the geese, and this George Smith we took with the geese on the common.

Prisoner. My Lord and Gentlemen of the Jury; the time I was taken up, I was going to my mother's, when being within a mile of Staines, a man stopped me; on my asking him what he stopped me for, he d-n'd me, and told me, he did not know, but that I should wait till this man came up, for he heard a cry of stop thief; and when the man came up, they

sastened a rope from my neck to my legs, so that I was very near being choaked; I told them I had done nothing to be served so, on which, one of them stampt on my head, and told me, I had stolen some geese; which I declare is utterly false; I was taken however to Staines, and from thence I came to Newgate, where I remained till the last sessions, when I was discharged by proclamation; I then set off to go and see my mother again; about fourteen miles from Staines, two men overtook me on the road, and said, this is the man; d-n'd me, and told me, I was his prisoner, and if I did not stop, he would fire at me; I told him, I was on the King's highway, and I would not stop, unless they told me, what I had done; they said no more to me, but fired a large pistol at me, and lodged the contents of it in my legs, by which I have been lame ever since. I am entirely innocent of the crime laid to my charge, and I humbly hope, your Lordship and the Jury will think favourable of me; I humbly beg the indulgence of this honourable Court, that I may not suffer any more, for a crime that I am entirely innocent of.

Court to Brown. Did you carry him to gaol directly? - Yes.

Q. Was he discharged after that? - Yes.

Q. When he dropped the property, did he say any thing? - He did, he said, we molested him on the high road, that was all he said.

GUILTY. (Aged 28.)

Recommended to mercy by the Jury.

Publickly whipped .

Tried by the first Middlesex Jury before Mr. Justice GROSE.

Reference Number: t17940115-4

72. WILLIAM LYON was indicted for stealing on the 20th of November , two wooden barrels, value 14s. and thirty six gallons of beer, value 16s. the goods of Edward Webb .

The witnesses were called on their recognizances, and did not appear.

Reference Number: t17940115-5

73. WILLIAM ARSLETT and WILLIAM ALEXANDER were indicted for stealing on the 21st of September , thirteen live tame geese, value 2l. the goods of John Arslett .

JOHN ARSLETT sworn.

I live at Sunbury . I lost thirteen geese on the 21st of September. I saw them on the evening of the 20th day, before they were lost.

Q. When did you hear of them again? - The 22d of September, I was going to Sunbury, and I saw two of them in William Arslett 's cellar; the constable was with me, and I went and searched. The constable was just by, by accident; his name is Edward Annett. He went into the house with him.

Annett. I am not a constable, it is a mistake.

Arslett. He was with me; I examined the geese, and I was very certain they were my property; I knew them by the largeness of them. I took the two geese, and carried them to Mr. Annett's house, on the 29th of September; William Arslett was taken before a magistrate, and I swore to my property.

Q. How came he to be taken up on that occasion? Did you lay any information? - Yes, I went before the magistrate on that day, and laid the information. I carried him to 'Squire Wood's. After I swore to my property, he consessed.

Q. What was said to him to encourage him to make a confession? - I cannot say, what was said.

- No, none at all; immediately after I swore to my property, he made a consession, voluntary without any thing being said to him, to induce him to confess.

Q. Was that confession reduced to writing? - I cannot say it was.

Court to Annett. Do you know, whether that confession was reduced to writing? - It was not.

Court to Anslett. What did he confess? - He confessed that he stood and watched, while James Westbrook and William Alexander went and took them. The next day Westbrook was taken up, and he was admitted as an evidence; he has been here to-day, and has gone back, and he will be here to-morrow by nine o'clock, if you will be so kind as to put the trial off till then.

Q. How came he to go back? - He could not find any body here, and so he went back.

Q. When had you last seen the geese? - I see them the day before, I see them locked up every night; the last thing I do, is to see that they are in the stable, and I lock them up; I am certain they were locked up that night.

Q. Can you give any other account to the Jury of knowing your geese, than that of the size? - They are geese, a sort that I have bought for many years, I deal in them; and I know by the largeness of them, that they are my property. I have no other reason but that.

Q. Did you ever find any of the others? - When William Arslett bad confessed, and I had told him, that it was a great loss to me, he told me, there were four of them turned out somewhere; in about ten days afterwards, I found them within a mile from where he directed me. I was ten days looking after them, before I found them.

Q. How far did you find them from Sunbury? - About a mile, they were on the common.

Q. You missed these geese on the 21st, what time of the day was it? - About six the next morning.

Q. Who lets the geese out of this stable? - I went down in the morning to seed them, and when I went down, there were but two left out of fifteen.

Prisoners Counsel. What relation are you to the prisoner, John Arslett? - His father and my grandfather came of two women, but one father.

Q. Has there been no dispute between that family, and your family? - Never.

Q. And the only way you have to know your property, is by their being large? - That is all.

Q. No mark whatever? - I don't know that they ever had any mark; I buy them and seed them.

Q. Should you know your own geese from any other geese that might be passing? - I should know them.

Q. What, from others of the same largeness? - I should.

Q. What, mearly because they were large? - Yes.

Q. Then, pray, how do you distinguish these large geese, from any other large geese? - I could not, only by the largeness of them; I have no marks.

Q. If you was to see two geese of the same largeness, how could you know them to be your's? - I am very sure that these are mine.

Q. But, how? - I can say no more, than by the largeness of them.

EDWARD ANNETT sworn.

I heard the prosecutor had lost some geese the 21st of September, and the prisoner Arslett lived in a house of mine; I believe, it was on a Sunday, I heard of it, they were lost on Saturday night. On the Sunday, the neighbours informed me, that they heard the cackling of geese, that led me to acquaint Mr. Arslett, that I harboured an opinion, that

the geese that he had lost, were at William Arslett 's; in consequence of that, he came over and asked me, if I could make it convenient to go over with him to the house? I told him, I would go with him, and I took a hammer in my hand, and a nail, to make an excuse to do a little job; we went there, and the prosecutor asked the woman, if she had any geese? she said, yes, Mr. Arslett, I have got two; I have lost some, says be; so I have heard, said she, but these are not your's, because we had not them, till after you had lost your's; with that he wished to look at them, and she opened the door, and he went down the cellar, and took up a goose, and looked at it, and said, I will swear that is my property, and he gave it to me; he said so of both; he said, they were a sort of geese that he had bought of one man for many years, and they were a different made geese than any other. So his wife desired him to take them away. I kept the geese in my possession till Sunday, the 28th, when he called on me. On the 29th, after I had dined, Sir William Gibbons sent over to me, that he had heard that Arslett had lost some geese; I went over to him, and he granted a warrant for the apprehending of William Arslett ; he said, he was going to dinner with Mr. Wood, and ordered me to bring him there. In taking him to Mr. Wood's, I said to him going along, there were more concerned, and he acknowledged, that James Westbrooke and William Alexander were concerned in the robbery; and then there was a warrant for the apprehending of them; then in consequence of that, we found Westbrooke, but Alexander absconded.

Q. Did Arslett confess, what he had done himself? - No more, than that he took the geese with them two.

Q. Was any promise made to him? - I said to him, that I believed, it might be the means of saving himself, if he was to confess.

Q. Did you find any thing on him? - Only the two geese in the house.

Both, Not GUILTY .

Tried by the first Middlesex Jury before Mr. Justice ROOKE.

Reference Number: t17940115-6

74. JOHN FINCH was indicted for stealing on the 25th of November , two linen shirts, value 4s. the goods of Paul Storr ; and another linen shirt, value 4s. the goods of Thomas Storr .

SARAH STORR sworn.

I live at Tothill fields . On Monday night, the 25th of November, I lost ten shirts, and a shirt; I sent round to several pawnbrokers about Westminster, and the next morning, Mr. Hill's servant, a pawnbroker, in the Broad-way, Westminister, stopped two of the shirts, and took the girls that brought them; and the gentlemen of the Police in Queen's-square, Westminster, committed the two girls that brought the shirts. About a fortnight afterwards, I was before the Police, they sent to me to know if I knew any thing against Finch; I went there, and as he stood at the bar, I suspected a shirt of mine being on his back; they made him shew the mark, when I was positive to the shirt.

Q. What was your mark? - S. A. on that the Police committed him; they ordered the constable to take the shirt from his back.

Q. Where did you keep these shirts? - They were hung out on a line to dry in a garden; I had seen them half an hour at farthest, before I missed them; I missed them after five o'clock, it might be half after five, on the 25th of November.

Q. Are you sure, that that shirt taken off his back, was one of your shirts? - I am very certain.

- SIMMON sworn.

I am a relation to Mr. Hill the pawnbroker. I heard that some shirts were lost by Mr. Stort, and these two shirts(now produced) were brought to me by Sarah Dorrington , on the 26th of November; I sent over to the Police office, Queen's-Square, and had her apprehended; she was then discharged for want of evidence. After this the prisoner at the bar was taken up for another offence; Mrs. Storr was sent for, and this shirt that was on his back proved to be her's; this was before the magistrate.

ANN DEAN sworn.

On the 26th of November, I went into a public house, and this man, the prisoner, was in the tap-room, and he asked me, if I would go and pawn two shirts.

Q. Did you belong to the house? - I did not. I went in to get something to drink, before I went to work; I told him, it was a thing I did not much like to do, but I would take them; I did take them. I went to Mr. Wright's in the Hambury, they would not take them; I went to Mr. Hill's, I and this young woman, Sarah Dorrington ; I sent her in with them, because I did not like to go in two of us together; and they stopped them, and sent to the Police office for a constable, and we were taken to the magistrate, and asked how we came by these shirts? we said, a man sent us to pawn them, but we knew nothing of the man; they sent us down to Tothillfields Bridewell on suspicion that we had been concerned with it.

SARAH DORRINGTON sworn.

I went into the Swan and Two Necks, and this young woman, and the prisoner at the bar were in there, he had a shirt in his hand, and he took another from under his coat; and he asked this young woman to go and pawn them? She asked me to go with her? and we went together; we went to Mr. Wright's, and they would not take them in there; then we went to the Broad-way, Westiminster, to Mr. Hill's, and went in there with them, and I was stopped; when she came out of the pawnbroker's with the constable, the prisoner at the bar was at the corner, but seeing us come out with the constable, he ran away.

Q. Had you the shirts in your hands, when you came out of the pawnbroker's? - No, they were stopt; the constable ran after him, but could not overtake him; then we went to the Police office in Queen's-square, and the young woman and I were sent down to Tothillfields.

RICHARD MUNDAY sworn.

I am a constable of St. Margaret's. About a fortnight after I heard that Mrs. Storr had lost this linen, I was sent for into Orchard-street, to a little court called Paviour's Court, when I got there, the person of the house told me, that there was a man that they had got in their charge for cutting down of lines, and folding up some linen, that lay in a garden; I took him to Queen's-square; on this charge, he was sent to Tothillfields for re-examination; before he was re-examined, I was ordered to go to Mrs. Storr, and the pawnbroker, and order them there by the morrow with the two girls, which I did; at the magistrate's, Mrs. Storr swore to her property, and the pawnbroker swore the same as he has just now; then after that I searched the man, and found this shirt on his back, which Mrs. Storr swore to be her property, I likewise took.

Mrs. Storr. I am very clear, this is one of my shirts, from it's being a very particular narrow cut frill, and there is the mark on the slaps, S. A. it was never worn, but that time before it was washed.

Pawnbroker. These are the very shirts that were stopped by me; I know them by the marks that were put on them. My name is Simmon; they are marked T. P. S. No. 10, and No. 6, it was by that, we stopped them; we were informed that shirts of that mark had been lost.

Mrs. Storr. I am very clear that they are my property, from always having the handling of the linen, and by the particular marks.

Q. How came these to be particularly marked from the others? - I bought the cloth with intent to give it away, and marked them different from the others.

Prisoner. Them there three shirts, I was coming over the fields, and I picked them up; I did not mind what they were till I brought them home; when I came home, standing very much in need, I put one on, being the best of the shirts; the other two, I asked these young women to go, and pawn them for me; and they said, they would; when they went to the pawnbroker's with them, the pawnbroker stopped them; and the people told me, if I did not go out of the way they would take me up.

Q. What time of the day was it? - Between ten and eleven at night; after I got into the lodgings, the prisoner, he came and pulled me from the window, and swore that he would be the death of me.

Q. Whereabouts in the house did you put the bundles? - I paid the woman, Mrs. Hannow, a shilling for my night's lodging; and I asked her, if I was to shut the room door, she said, no, there were two or three other girls to come into the same room. I went into the room with a candle.

Q. Was you by yourself there? - Yes. I was undressed, and in bed, when they robbed me.

Q. Where did you put the bundles? - By the bedside; after that a young woman came up, and took my bundles from my bedside, and took my pockets from under my head, and took a guinea out of my pocket; there were two more women with her.

Q. Was there any man with them? - Yes, that gentleman that stands at the bar.

Q. Then there were three girls in the room, and the prisoner at the bar? - Yes. I asked them, what they were doing with my pockets, and they said, d-n your eyes, you b-ch, I will be the death of you, he said, if I would not hold my d-nation tongue, he would put a handkerchief down my throat; after that, the prisoner at the bar, and the women pushed me down stairs, and throwed a pail of water over me. I had put my petticoat on, and I had my gown in my hand, and I throwed that over me, and I saw the same watchman that recommended me to the lodging, I asked him which was the way to the watch-house, he stood at the end of the court; I asked him, if he would be so kind as to recommend me to the watch-house? he said, yes, keep straight down; I kept straight down, and got to the watch-house, and I saw some gentlemen there; an old gentleman, the officer of the night, I desired them to go with me to Charing-Cross; I told them what had happened, he went with me to the Charing-Cross Inn, and they were not up.

Q. What did you go to the Charing-Cross Inn for? - The constable went to know, whether there was such a person as me there the overnight; they did not get up, we went again in the morning. I staid with them in the watch-house till the morning.

Q. You talked of two bundles at first. Do you know what became of these bundles? - The girls took them away.

Q. Have you ever seen the girls since? - No, only one, I think I saw.

Q. When did you see the man again? - I did not see him till four or five days after that.

Q. How came you to see him again? - The gentleman, the officer, brought him over.

Q. When you went to bed, of course, you had a candle in your room? - Yes.

Q. Did you put that candle out? - Yes.

Q. Was that candle out when the girls came into the room? - Yes.

Q. Was there any light when they came in? - There was a light that came in from a window, the other side of the way.

Q. Was there any light or candle in the room, when the prisoner at the bar, and the women were in the room? - No.

would see the persons in the room, was from a window opposite to your window? - Yes.

Q. I suppose on your getting out of bed, on what past, you was very much frightened? - Yes.

Q. How long was it, before you went out of the room, after the prisoner at the bar, and the women came in? - Not a great while, it might be the value of five minutes.

Q. I suppose, you went down to the watchman as soon as you could? - I did.

Q. Did you see the face of the prisoner? - Yes, I know him.

Q. Did you ever see him before? - No.

Q. Are you very sure, that you saw him, so as to be able to know him again? How near was he to you? - He was quite close to me, he took hold of my arm.

Q. You say there was no light in the room, only a light that came from the opposite side of the way. Are you very sure, that that light was sufficient to distinguish his face perfectly? - Yes.

Q. What were the things taken out of your pocket, besides the guinea? - A direction, that I was to find out my aunt by, and a pocket handkerchief.

Q. What were the things that were in these bundles, that the girls took away? - There were two gowns, the best gown worth thirteen shillings, a callimanco petticoat, worth ten shillings, three pair of cotton stockings, value five shillings, a linen apron, value six shillings, and all the things in the indictment.

Q. Was the prisoner present when the girl took these things? - Yes.

Q. Were all the things mentioned in the indictment in the bundles? - They were all, but the guinea.

Mr. Const. You only came to town that day, from where did you come? - From Reading.

Q. You knew nothing of London then? - No.

Q. But you was recommended by the watchman to lodge at this house? - Yes.

Q. This turned out to be a bad house? - Yes.

Q. Where women of the town lodge? - Yes.

Q. The woman of the house told you that you would have five or six other women to be with you in the same room? - Three or four women.

Q. When you saw these people come in, the woman and the man that you supposed to be the prisoner, you had never seen him before? - Never.

Q. How was he dressed? - He had on a jacket, red like an officer, and a feather in his hat.

Q. You are sure he was so dressed at that time? - Yes.

Q. Do you think if you was to see him with four or five other persons in the same dress you could tell him from them? - I could.

Q. You had never seen him before, no light in the room, nor had you the assistance of any but what came from the room over the way. How came you to find him out? - One of the gentlemen of the watch-house found him.

Q. Is the gentleman here? - I don't think he is.

Q. Then you yourself knew nothing of him, nor what he was, nor where to find him at all. This man attended at the office without you, did not he? - He did.

Q. The first time he was there, I believe, you would not go? - I don't know.

Q. Did not the people of the watch-house go to the house where you had been robbed? - Yes, but they found none there that I knew.

Q. What is your business at Reading, when you live there? - I lived a servant there three years, and my aunt sent a letter to me to desire me to come to town.

Court. What time did you come to town? - That evening, about nine o'clock.

Q. How came you not to go to your aunt's that night? - I did not know the way, and I was so tired.

Q. Had you ever been in town before? - No.

FRANCIS CLULEY sworn.

I am one of the beadles of the parish of St. Martin's in the fields. On the 2d of January, on Thursday morning, two officers belonging to Westminster brought the prosecutrix to me, and informed me in what manner she had been robbed, and where; in consequence of that I took her into Johnson's-court, she pointed out the court and shewed me the second house, that is where Mrs. Hannow lives; there are three houses. I went into almost every room of the three houses, she pointed out the house with a little hesitation whether it was the first or second, I went into all the three on that side; she confined herself to one side, and I took her into all the rooms and shewed her all the women that were at home then; she did not seem to know any of their faces at all; I came back again to the first house, and went up again to the two pair of stairs room in the first house, and then she signified that was the room she was robbed in; we had been in the house before; the first time she signified that was the room but not to a certainty; then we went back, and she fignified that was the room; I then asked her respecting to the man; she then told me that it was a man with a round hat, and described the man; it exactly corresponded with the description she has given now; I went and made an inquiration after the prisoner at the bar, from the description she had given me, I had seen the prisoner in that sort of dress many times, I did not know that he lived in Johnson's-court; in consequence of making an coquiry after him in the forenoon and did not find him, in the afternoon I went into Chandos-street, into a public house, the prisoner came to me and told me that he had heard that there was an information against him for a very disagreeable circumstance, and told me that in consequence of that he would surrender himself up; in consequence of that, between six and seven in the evening I took him before Mr. Addington, the prosecutrix not being there that night, we were not examined, but were ordered to attend on the Monday following, at the re-examination, this was on Thursday night the day after the robbery.

Q. Then on Monday following he did attend? - Yes, and the prosecutrix saw him, and swore that was the man, in consequence of that he was committed.

Q. Where did the man lodge, do you know? - Upon my word I cannot say.

Q. Did you ask him? - I did not.

Q. Did you search him? - I did not.

Q. Then you have found nothing at all about him? - I have not.

Q. Did you ever find any of the things that this woman lost? - I have not, I have made first enquiry at several pawnbrokers.

Q. What is the prisoner at the bar? - I understand him to be belonging to a recruiting party.

Q. How long have you known him? - About this two or three months; I am frequent in the habit of being about Charing Cross; Mrs. Hannow has a recruiting party in her house, and there is another recruiting party next door to her, there are two recruiting parties in that court.

Q. What was the prisoner's dress on Monday when he appeared? - He was ordered by justice Addington to attend in the dress he usually wore at Chating Cross, and he did attend in that dress.

Q. How was he dressed when he came and told you that he heard there was an information against him? - Much as he is now with a great blue coat over his red jacket.

Mr. Const. You do not mean to say that he had altered his dress, he wore his blue coat over his other being cold weather? - Nothing more.

Q. When she came to you she described the man having such regimentals? - She did.

Q. You knowing and seeing him in these regimentals, you thought he was the man? - I did.

Q. How did you find him? - I went to some acquaintance of his and said that I wanted him.

Q. In consequence of which, as soon as he reasonably could he found you out? - He did.

Q. And then he desired to go before a magistrate, and you took him to Bow-street? - Exactly so.

Q. When he went there he was dressed as usual? - I think he was.

Q. Nobody appearing against him he was discharged till Monday, without any bail or any thing? - It was so.

Court. Had you, at different times, seen the other persons that were in recruiting parties? - He always dressed different from the rest; the jacket he wore was more smart; they did nor all wear a red coat.

Q. Did you see any other of the recruiting parties dressed in red besides this man? In short how came you to suspect this man? - By the prosecutrix telling me that he wore a feather in his hat, and a jacket trimmed in a different manner to what soldiers jackets generally are; I don't know that she described it as a jacket.

Q. Was his jacket trimmed in a different manner to what soldiers jackets generally are? - It was with lace button holes, and lave shoulder knots, with one to each shoulder.

Mr. Const. In point of fact you have told us he wore a jacket, did she tell. you it was a jacket or a coat? - Upon my word I will not be to a certainty; I cannot, I am rather of opinion she described it as a jacket, but I will not be to a certainty.

Q. On Monday he did come according to the appointment? - He did.

Q. You told us, that when she went to point out the room to you, she went into every room in the house, and though she had seen that room before she was not positive till her return? - She was not positive, she signified at first that she thought it was, but coming back she was consirmed it was, and positive.

Prisoner. I leave my defence entirely to my counsel.

Court to Prosecutor. Tell us again how the man was dressed that came into your room? - He had fine things on his shoulder.

Q. Were they white? - No, yellow, then a good many times yellow on his sleeve.

Q. What sort of a hat? - A round hat with a feather.

Q. Had he any great coat over his scarlet coat? - No.

Q. Did you observe what breeches and stockings he had on? - He had white stockings on, and he had shoes on, the breeches were a kind of white.

Court to Cluley. How had you been used to see him? - I had been used to see him in this red jacket and leather breeches, but I cannot say particularly as to his waistcoat, but he was always particularly clean and smart.

Jury to Prosecutrix. What was the colour of the feather in the hat? - White and red.

Q. to Cluley. What was the colour of the feather you used to see him in? - I cannot say.

Mr. Const to Prosecutrix. How came you to take so much notice? - He had hold of me while they were taking of my clothes away.

Q. You have now seen him very frequently since, so now at last you know. You did not give such an accurate description before the justice?

Court to Cluley. How wide is this court? - About ten feet.

JAMES COCHRAN sworn.

I am a sword cutler; I work with Mr. Nubley, gun-maker and sword cutler, (haring Cross; I have worked with him seven years. I know the prisoner perfectly well.

Q. Do you remember whether he was at your house on the first of this month? - He was on Wednesday the first, it was almost three o'clock in the morning of the first of January that he came and stopped the whole day, and spent the day and night following, and slept with me at my house; I was very ill, and he stayed with me and my wife, and helped me in and out of bed; my wife sat up washing the whole night, and he came and sat along with me on the bed the same night, he stayed till nine o'clock in the morning and breakfasted; this was Thursday morning the 2d of January, and then at nine o'clock he went for me to my club, and informed them that I was very ill. After that the headle came to my house to enquire for him, and I asked what was the matter? he said he did not know. When Barrett came in, I said to him, Barrett, the beadle has been here, there is something the matter; says he, I will go down to Charing Cross and see what it is, and he went away, and he came back again in the course of three quarters of an hour; this might be about twelve o'clock, and he told me that he had heard some scandalous affair of him, and he wanted to know where the officer was to be found; then I being ill, my wife went with him where the officer was.

Q. Are you sure that the time you speak of was the 1st of January, New Year's day? - I am, and that he stayed with me all the day, and slept with me that night.

Court. What time did you go to bed the 1st of January at night? - I was in bed all day; then at eleven at night he helped me out of bed, for I was not able to help myself, and put me in a chair by the fire, with the blanket round me.

Q. How long was this before you went to sleep? - I did not sleep the whole night.

Q. Can you take upon yourself to say with certainty and accuracy, that he was not out of the room the whole night? - I can, for he lay along with me the whole night; my wife told him to go and sleep with me, as she was going to wash all night.

Q. What is your wife? - She takes in washing and clear starching.

MARY COCKRAN sworn.

Q. Do you remember Mr. Barrett's being at your house on the 1st of this month? - I do, I have only one room, and he was in it.

Q. Did he stay all the day there? - He did.

Q. Was your husband ill at that time? - He had been in bed a fortnight before this, of a broken rib by a fall.

Q. Do you remember whether he stayed the whole night? - He did, as sure as I stand here.

Q. You did not go to bed that night? - I did not, I was obliged to set up all the whole night to wash, and there being a vacancy in the bed, I desired Mr. Barett to go to bed with my husband, which he did.

Q. Did you go with him to the officer? - I did, I went to the public house with him, he went and gave himself up, and went along with the officer to the justice.

Q. Did you go to the justice to see what passed? - I did.

Q. Did the justice hear what you said? - He did.

Q. You told the same story immediately at the instant as you have told us, and then Mr. Addington discharged him till Monday? - He did.

Q. Do you know whether on Monday he went? - He did, he went without me.

Q. How came the prisoner to be at your house at three o'clock in the morning? - Tuesday being the last day of old year, the prisoner and another friend an acquaintance of mine were out together in the afternoon, and we came home to our house at three o'clock in the morning.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice GROSE.

Reference Number: t17940115-8

76. DANIEL LEMMON was indicted for stealing, on the 10th of December , twelve pounds weight of raw sugar, value 6s. the goods of Thomas Bolt .

WILLIAM YATES sworn.

I am a servant to Thomas Bolt . On the 19th of December, Thursday, we lost the sugar, I was landing away some sugar about six o'clock in the evening, from Fresh wharf, I was very near done, I had rolled two hogsheads in the gateway to make room for the carts to go down; I was called by my brother to look, he said he had found a hogshead that was plundered with the head out. My brother's name is James Yates; I had not stayed on the whars above the space of five minutes before this man, Brightwell, brought the prisoner down with his apron full of sugar, from Cox's key; I looked at the hogshead and there was half the head out, and a deal of sugar out, and lay about, I took the sugar and compared it with that in the hogshead, and it appears from what I know of sugar, to be of the same quality; there was none other on the key that had their heads open, I looked them all over, there were different forts of sugar on the key.

Q. Can you say with certainty that any was missing from the hogshead? - Yes, I can say there was a good deal missing at that time, I know that the hogshead was full, I had seen it a tight head on half an hour before.

Q. How long was that you saw the prisoner after you had seen the hogshead open? - About five minutes.

Q. Did you make the discovery that the sugar was gone before the prisoner was brought to you? - Yes.

Q. How long was it that you made the discovery that the sugar was gone before it was brought to you? - Not five minutes.

CHARLES BRIGHTWELL sworn.

I stopped the prisoner with the sugar in our gateway, when I stopped him he dropped it, thinking to shun me.

Q. Whose gateway do you mean? - In Cox's key gateway.

Q. In what manner had he the sugar? - He had it in his apron before him.

Q. What was done with it? - I took him back to Fresh whars, to this person that was here first, and delivered the sugar to Mr. Yates, and the constable together.

Court to Yates. Was all the sugar that was missing belonging to Mr. Bolt? - All the sugar was in Mr. Bolt's care, as wharsinger.

Prisoner to Brightwell. Did you see me near that cask? - No, I did not.

THOMAS MERRYMAN sworn.

I took the man with the sugar.

Prisoner. I went down to this water side; I intended to go down to Gravesend that same low water, I could not get a fishing smack; I went up one of these gateways, there were a parcel of people there; I had been at work on these keys all the day; there were four of the hogsheads burst out of ten, I was all over sugar, the sugar flew over me as I was going up the gateway, a parcel of people were standing in the middle, and this man thought I had stole some sugar, because I was all over sugar, and he took me to Mr. Yates, and he said, see he is all over sugar now; I have got no friends, I am a seaman, I served my time at sea.

Court to Brightwell. How far was the prisoner from the hogshead that had the head taken off? - About forty or fifty yards, not more.

Prisoner. The hogsheads were in one gateway, and I was going up another, therefore it must be more than fifty yards.

Court to Yates. What might be the value of the sugar found on him? - About six shillings.

Q. Do you think that the quantity found there was all that was missing? - I think it was with the rest that lay on the ground, which I did not pick up, because it being dirty it would spoil the rest.

Not GUILTY .

Tried by the London Jury before.

Mr. RECORDER.

Reference Number: t17940115-9

77. SUSANNA LAMBERT was indicted for stealing, on the 11th of December , a linen shirt, value 3s. and a flat iron, value 1s. the goods of John Simpson .

MARY SIMPSON sworn.

I am the wife of John Simpson . I was robbed the 11th of December; I don't remember the day of the week; I being applied to the church-wardens of the parish, for a person to assist me, and the prisoner was sent, and when I went to wash the linen I missed the shirt, the same day that she was in the house, I challenged her with it, and she denied it, but finding her in liquor I ordered her to go home, and come to me on the morrow, in the course of the evening, I sent to let the church-wardens know why I sent her home, that I found her in liquor, and missed a shirt, and in the course of the evening they found the duplicate on her; I did not miss the flat iron till the tickets were found on her, not having occasion to want it, she was not in the house about two hours, the flat iron was found at the pawnbroker's.

MICHAEL CONOLLON sworn.

I am an apprentice to Mr. William Davis the pawnbroker. I produce a shirt, it was pawned the 11th of December, about dinner time, by Susanna Lambert; I never recollect seeing her before, I am certain it is the person that pledged the shirt with me, I recollect taking it in very well, I gave her a

Prisoner. He knew my family a great many years, and me, I never was guilty of such a thing in my life.

SAMUEL PURLING sworn.

I am a servant to Mr. Davis. I produce a flat iron, it was pawned the 11th of December, by the prisoner at the bar, I had seen her the same day, when the came to pledge another thing belonging to the same person.

Q. Did you give her a duplicate? - Yes, I know it again.

ROBERT CLITHEROW sworn.

I am a constable, the duplicate was brought to me, and I went to the workhouse and took the prisoner up, I went to the pawnbroker's with the duplicate that was found on her, and demanded the shirt. (Produced.)

Prosecutrix. I know it is my husband's shirt, by a particular mark; it is tore from the bosom all the way down; the flat iron has a scratch on the face.

Prisoner. I hope you will take it into consideration, I never was guilty of a fault before in my life.

GUILTY. (Aged 36.)

Recommended by the prosecutrix.

Imprisoned three months in the House of Correction and fined 1s.

Tried by the London Jury before

Mr. RECORDER.

Reference Number: t17940115-10

78. SAMUEL GILES was indicted for stealing, on the 13th of January , a pair of mens leather pumps, value 7s. the goods of John Such .

JOHN SHORT sworn.

My master's name is Such; I am an apprentice, he is a shoemaker . On Monday the 13th of January I was standing at my master's window, and the prisoner was passing by, and he put his arm in and took the shoes out; I saw him do it, he put his arm in round the door, and drawed them out at the door; he carried them by the window, and he chucked them up the Three Nuns inn-yard.

Q. Did you see him chuck them up? - I did not, I had him then in custody, in my hands; I immediately pursued as I saw him take them, I stopped him the next door but one from our house, he had not the shoes on him then, he had chucked them out from his hand.

Q. Did he run or walk away? - He walked.

Q. When you stopped him had he past the gateway of the Three Nuns? - Yes, just got over the gateway, I asked him what he had got from my master's shop? he said nothing; another young man picked up the shoes, and took them in next door, and they brought them into our house.

Q. How soon were they produced to you? - In the course of a minute, as soon as I took the prisoner. We call them shoes, but the proper name is channel pumps.

Q. What was done with them? - The constable had them.

Prisoner. When he came up to me and asked me what I had about me? I said nothing, and he went up the gateway and picked up the shoes, and I went on a matter of two hundred yards.

SOARE sworn.

I am a porter to the Three Nuns, Aldgate, I saw a man chuck a pair of pumps up the yard, I cannot say it was the prisoner, I think it was by his back, I did not see his face at all; they were chucked up the gateway of the Three Nuns, Aldgate, I took them up and gave them to the woman at the corner, that keeps the poulterer's shop.

I am a constable, I produce the property delivered me by Mr. Such, they were wet with dirt, when delivered to me.

Prisoner. The Lord Mayor told these men to acquit the other man, but to go on with this that they might transport me.

Court to Short. Do you know these pumps? - I do.

Q. Had your master any pumps in the shop but what belonged to him? - I saw them come home, and the bill came with them, they were pumps that were bought wholesale; I put them on the window, it is what we make a shew of in the window, they might be there a month for what I know.

Q. Are you sure that the man that put his hand into the shop, took away a pair of channel pumps? - I am positive, there were nothing else but these in the way.

Q. At the time you saw him take these things away you went out of the shop? did you lose fight of him before you took him? - No, not at all.

Prisoner. Ask him how he could see my person if he was looking down, how could he see me through the glass? ask him whether I did not get above an hundred yards while he went up the passage to get the shoes, and then cried out stop thief, and I went back to his master's shop? - I never went up the passage at all, the young man Soare called to me and said here are the shoes, but I did not stop to pick them up, I pursued him.

GUILTY . (Aged 45.)

Judgment Respited .

Tried by the London Jury before

Mr. RECORDER.

Reference Number: t17940115-11

79. ROBERT BRUCE was indicted for stealing, in the dwelling house of Alexander Mitchell , about the hour of ten in the night of the 6th of January , and burglariously stealing therein a cloth coat, value 2l. four cotton jackets, value 1l. a kerseymere waistcoat, value 5s. a silk and cotton striped waistcoat, value 5s. two pair of napkeen breeches, value 10s. a pair of kerseymere breeches, value 10s. three linen shirts, value 10s. five pair of silk and cotton stockings, value 1l. 5s. two pair of cotton stockings, value 4s. a man's hat, value 10s. and two guineas , the goods and monies of the said Alexander Mitchell .

ALEXANDER MITCHELL sworn.

I happened to be out till half past ten last Sunday week, when I came home I found my house broke open; I had fastened all secure. I live at Clapton, in the parish of Hackney, I fastened it up at half past eight.

Q. Did you leave any body in the house? - No, I am a single person, I live by myself, there was nobody in the house when I left it. I am a hair dresser; the house consists of one ground floor only.

Q. Were there any buildings over it? - No, it was one room only, in that room is my bed and shop; the house was untiled, there was neither door nor window broke.

Q. How much of it was untiled? - About five or six tiles were taken off.

Q. How high may these tiles be from the ground? - Seven or eight feet from the ground.

Q. Then this house is a mere shed? - It is built as one.

Q. What did you miss from it? - One box broke open, there were no clothes in that box, only persumery, and two guineas that was taken.

Q. When had you seen the two guineas before? - I saw them before I went out that very day; I had powder and pomatum keeping in that same box, I put it in that same night; the money was laying open in a till in the top of the box, there was nothing that I missed there; there was a trunk broke open, and the clothes taken out of that trunk, they took out a hat, a green cloth coat, four cotton jackets, two waistcoats; one was a striped silk and cotton, and the other was a kerseymere, two pair of nankeen breeches, one pair of kerseymere breeches; there was another place in which my things lay besides, neither in this box or trunk, in an open box, from thence they took eight pair of silk and cotton stockings, four pair of cotton stockings only, and three shirts; my hat was worth about ten and six pence, the green coat forty shillings.

Q. What did you do in consequence of finding your house broke open? - I was very much frightened indeed, and did nothing, but the next morning when I heard the man was in custody, I went with them before the justice.

SAMUEL SIMS sworn.

I am the conductor of the watch house at Hackney. About twelve o'clock at night, or a little before twelve on Monday the 6th of this month, I was going across Church field, Hackney, with another watchman, John Little was with me, and he says to me don't you hear a noise? there is part of a bay stack stands in the field, and a barley; we made up towards the stack, where we thought the noise was, we searched about and could not find any body, in looking about we found these things, the hat and these clothes.

Mitchell. They are mine.

Q. How do you know that? - Here is my coat, jacket, waistcoat and breeches; the shirts and stockings have my mark on them, A. Mitchell.

Q. Is there any marks on the coat? - No.

Sims. When I found these things under the bay stack I went back and setched one William Griffiths from the watch house, to see if he could find any people walking about, and to give information to the watch, and told William Little to go on and see if he could see any body; and I and William Griffiths stood at the bay stack from twelve o'clock, till about a quarter after six in the morning; about a quarter after six the prisoner at the bar came to the hay stack; Griffiths first laid hold of him.

Q. Did you see Griffiths lay hold of him? - No, it was dark, he had hold of him, as soon as I got to him, we were apart, the prisoner he said directly he knew that he should be hanged.

Q. Did you hear Griffiths charge him with any thing when he said that? - No, he only said to me, Sims, I have got him, and then the prisoner made answer he knew he should be hanged; then I asked him where he got the things?

Q. Did you make any promise to him before you put that question to him? - None at all; he said he got them from Mr. Mitchell's, of Clapton, I asked him how he got in? he told me he took some of the tiles off from the house, and got in; I asked him if any body was with him? he declared there was nobody with him but himself; I asked him where he had been all that time? he told me that he went home to his lodgings; I asked him where his lodgings were? he told me he lodged at the Old Mermaid in Hackney, that he had just got out of bed, and come there to the stack; Griffiths and I took him to our watch-house, I sent Griffiths up to fetch Mr. Mitchell, Mr. Mitchell came to the watch-house, and described the house broke open, just as the prisoner had told me he had done, and owned his property.

Court to Mitchell. Do you know any thing of the prisoner? - No, I do not.

WILLIAM GRIFFITHS sworn.

I am one of the patroles belonging to Hackney parish; I was with Samuel Sims on the evening of Sunday the 6th, accordingly I was just going out, Sims came down to the watch-house, and asked me to go along with him to this stack, to see who came after these things. We waited there till a quarter past six in the morning, at a quarter past six the prisoner at the bar came, and I laid hold of him, accordingly as I laid hold of him he cried I am dead, I am hung; accordingly he told me where he brought these things from, that he had broke open into Mr. Mitchell's house, that he took the tiles off from the house; the man is a bricklayer's labourer in Clapton, he works for one Mr. Peel, who lives near where Mr. Mitchell lives; he said that he got down from the roof of the house, and after he got down, he broke open two boxes, they were both locked; it was much about ten o'clock in the evening that he got those things out, and brought them down, and laid them down behind the hay stack.

Q. Did you make any promise to him if he would tell you where he got them? - No, he confessed, I suppose through the fright, and cried and begged of me several times to let him go, he seemed very much alarmed, he told me he was then coming with an intention to take these things away, that he had rather overlaid himself, or else he thought of being sooner. We took him down to the watch-house, and there we searched him, but we found no property at all belonging to Mr. Mitchell.

Q. You did not find the two guineas? - No, we did not find any thing of the money.

JOHN LITTLE sworn.

Q. Do you know any thing of the prisoner? - I was sent another way, by the order of Samuel Sims .

Q. Did you see the prisoner when he was taken up? - No.

Prisoner. I know no more about it than a child unborn; I got up about half past six, to go to work as usual. I lodge at Hackney, at the Mermaid; I had to go to work at Lee-bridge, as I was going to work I went up to the hay stack to case myself, and the watchman jumped out and catched hold of me, and said O, you are coming for your prey, are you, and they shook me, and hustled me, and then they took me into the public house, and had a pot of purl, and they made me quite stupid, and every thing they said, I said yes to, then they took me into the watch-house, and then they brought me some gin.

Q. Where did they give you the purl? - At the watch-house, the purl and the gin, after I had been in the watch-house about half an hour; I stopped there, the constable and the watchman came, and the constable took me to his house, and had a glass of gin, and they gave me some breakfast; and then the men came and said that whatever they said I must stand to; I was quite stupified, I did not know what I said.

Court to Griffiths. Did he make this confession before he drank this purl, or after? - Before he got to the watch-house.

Jury to Sims. Did the bundle remain under the hay stack the whole night? - No, it was taken to the watch-house by me about twelve o'clock; from that time to this it has been in my custody.

80. JOSEPH CHIPMAN was indicted for burglariously breaking and entering the dwelling house of Edmund Warman, about the hour of eight in the night, of the 19th of December , and burglariously stealing therein, sixty-four pounds weight of cheese, value 18s. the goods of the said Edmund Warman .

EDMUND WARMAN sworn.

I live in Paradise row, Chelsea . I lost two cheeses on Thursday the 19th of December last, I missed them between seven and eight o'clock at night, I had seen them about six o'clock, two hours before; they were kept in the shop window, I deal in cheese, butter, and fowls ; I saw one again in the constable's custody, about half after eight o'clock on the same day.

Q. What step did you take having missed it? - None at all, I judged the window was lifted up some time before, by peoples voices that I heard, when I missed the cheese the window was open, the latest period I saw it shut before, was about half past six o'clock.

CHARLES SANDERS sworn.

I was at the sign of the Royal Hospital about eight or nine o'clock the 19th of last month, which was on a Thursday; the waterman at the coach stand informed me that there was a cheese put into the first coach in the stand, as such I immediately went out, the coachman came up as I was opening the door to look into the coach, I says to the coachman, is this your cheese? the coachman had been in the public house, he makes answer and says no, I said, don't you know how it came into your coach, he said no; I see the prisoner at the bar about two yards from me, and I asked him if it was his property? and if he had put it in there; he made answer and said yes, I then asked him how he came by it? he informed me that a man gave it him, opposite Durham House; I asked him if he knew the man? he said no, he was a stranger, on his giving me that kind of answer I seized him, as such I went and put him into our watch-house, on going there he informed me he found it among some shavings, at a place called Mr. O'Fear's gates, in Paradise-row; on his saying he found it there I had a greater suspicion of him, because I knew it was a very dirty place, and it was a dirty night, and the cheese was remarkable clean, as dry as it is this moment.

Q. Did you say any thing to him to encourage him to this conversation? - No, as I was going along further with him I met the gentleman that had been robbed, he told me he had lost two cheeses, and he could swear to it.

Court to Prosecutor. Was there any mark on the cheese that you lost? - Yes, a W. it was put on in the wholesale dealer's shop.

Q. Can you ascertain it by any thing else? - No, only by the mark.

Q. What is the name of the person that keeps the wholesale warehouse? - Burton.

GEORGE - sworn.

I am a waterman; the prisoner called a coach, and I opened the door, and he put the cheese into the coach, he said I had no call to be in a hurry to call the coachman, because he had another cheese coming; I went to the public house to Mr. Sanders, and the cheese was in the coach, when we came out again the prisoner was calling out for one John; I saw him in two minutes time again after he put the cheese in.

Q. How long did you stay in the public house? - Not a minute, I went out very soon, he was standing by the coach when Mr. Sanders and I went out.

Q. Had you any conversation with him? - No, not a word; I know no for her than that Mr. Sanders came out and examined the cheese and I took it away.

Prisoner. I have got two witnesses at the door; Mr. Sanders said to me do you belong to this here cheese? I said no; he said, waterman, do you belong to it? he said no; and there was no further passed and he took me into custody.

Court to Waterman. Do you know this man? - He frequently uses Chelsea, he comes about with a jack ass that way.

The prisoner called two witnesses who gave him an excellent character.

GUILTY . Death . (Aged 21.)

Tried by the first Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17940115-13

81. JOHN FRAZIER , SAMUEL MUSLIN , otherwise MUZZARD , and RICHARD COLLYER were indicted for feloniously making an assault on the King's highway, on Joseph Hennen , on the 17th of December , putting him in fear and feloniously taking from his person, and against his will, a wooden tub, value 6d. and twenty eight pounds of butter, value 18s. the goods of Joseph Peacock and William Marsh .

The witnesses examined separate.

JOSEPH HENNEN sworn.

Q. Do you know Mr. Peacock and Marsh? - Yes, I know them by living servant with them.

Q. What are they? - Cheesemongers , No. 81, Broad-street, Ratcliff-cross. On the 17th of December I was sent by my master to Mr. Mozely's, Bethnal-green; I was going up White Horse-lane with a firkin of butter, about half after four o'clock in the afternoon.

Q. Where is White Horse-lane? - Mile-end Old Town, Stepney . I met four men, one of them came up to me and called me a buggar, and knocked me down.

Q. Did you see them before they came close to you? - Yes, it was Samuel Muslin, this first one.

Q. Had he either of the other prisoners with him? - Yes, both of them; after they knocked me down I got up again I went to my butter to take it up again I John Frazier knocked me down again, I then see Frazier take the butter up and go off with it; then I got up again to go after it; Muslin knocked me down again, then they all ran away and I got up and followed them; Collyer he stopped behind me and threatened me if I did not go along he would knock me down, and I stopped then, and they all ran away, and I lost them at the bottom of the lane; and when I went home my master was not at home.

Q. How far was this from the lane? - Better than half a mile. I told the housekeeper what had happened.

Q. Did you ever see the prisoners before? - Yes, I know them by sight.

Q. Where had you seen them? - About Whitechapel.

Q. What were they? What was Frazier? - I never heard his trade.

Q. Did you know his name was Frazier? - No, I did not.

Q. When did you find out his name was Frazier? - Not till after he was taken.

Q. Did you know Muslin before? - Only by sight.

Q. Did you know Collyer's name? - No, I did not.

Q. Then all your knowing of them was that you had seen them at different times in Whitechapel? - Yes.

Q. Are you very sure that these three were the person that knocked you down and robbed you? - Yes.

Q. How long was it after the time that the butter was taken from you that you saw them again? - I saw one of them on the Thursday, (I was robbed on the Tuesday) it was not one of these, the man that was taken, it was John Clarke , the evidence, he was with them, he did not stop me, then the next day, Friday, I saw the other three, they were put in the room with other people, and I picked them out, and I am sure they are the persons.

Mr. Knowlys. When had you drank with them last? - I never drank with them in my life.

Q. This was about half past four in the afternoon, so late as that in the evening? - It was light, I could see them all.

Q. There were several people about the time the matter happened? - There were two or three boys.

Q. Who could see the matter just as plainly as you could? - They could.

Q. You asked them what became of the butter? - I did.

Q. First of all Muzzard ran up against you and called you a blackguard name, then he hit you a blow and the butter fell off your head and you fell; Muzzard did not make any attempt to take your butter? - He did not.

Q. Don't you know that they were all as drunk as poison? - I cannot say they were.

Q. What do you think, upon your oath? Who persuaded you to make a highway robbery of this? - Nobody at all.

Q. Your butter fell off your head and then somebody ran away with it? - The butter was not worth much after it had tumbled in the mud? - No, it was dirty.

Court. Which of them was it that ran away with it? - Frazier, I see run away with it.

Mr. Knowlys. Mr. Peacock is your master, he has a partner I believe? - He had a partner but they have parted since; I left them the 18th of December, this happened the 17th.

Prisoner Collyer. He says my name is Muslin and my name is Collyer.

Hennan. I took him to be Muslin, I am certain he is one of them that robbed me.

Collyer. I wish to know whether I offered to strike him or to molest him at all? - Yes, he did threaten me if I would not go along when I followed them.

Q. I wish to ask him whether he did not leave his butter behind to follow us? - I don't know whether it was left behind or no; I got up directly to follow them, I saw Frazier take it up and run away with it.

Court. You did not leave the butter behind to follow them, they not having the butter? - No.

JOHN TAPLIN sworn.

We were informed on the 18th of December; I am a police officer belonging to Whitechapel, three besides me were informed on Wednesday, the 18th of last month, that Clarke, Muslin, Collyer, and Frazier, were concerned in robbing a young man of some butter; on Thursday we took Clarke, he was admitted king's evidence. On Friday, by enquiry, we learned where Frazier lived, we went to his house about eleven o'clock in the day, between eleven and one, I will not be positive just to the time; we knocked at the door; we tapped again at the door; she told us she would not open it, that the person belonging to the house was out, was gone to the London Infirmary, the woman belonging to the house was; I immediately lifted up the parlour window. Mr. Griffiths, who is a brother officer, he got in at the window

and I got in after him; the door was fastened, which they refused to open, Mr. Griffiths going up stairs, meets Frazier in the passage, as he was going along the passage to go up stairs, Frazier came to the door as I stood at the door; the door was not open, but I was inside; I asked him what his name was? he told me his name was Hall; he is the one nearest the jury; I told him his name was not Hall; I asked him if he kept the house? and he said, yes; then says I, your name is Frazier; and says he, what if it is Frazier? I told him he was wanted; I did not tell him for what. While Mr. Griffiths was up stairs I opened the door and let Mr. Coombes in.

Q. Did you let him in after you saw Frazier or before? - After. We then went into the parlour where this woman was, the back part of the parlour was dark, in which there was a bed on a turn up bedstead; Muslin was standing between the bed and the wall, standing up as right as he could stand, then it gave me suspicion that Collyer was there; I immediately turns down the bed, and Collyer was lying on his back on the bed, the house was searched afterwards but not by me.

Mr. Knowlys. There was no butter found or butter tub? - No.

ROBERT COOMBES sworn.

I am one of the police officers belonging to Whitechapel. On Friday the 20th of December, I, in company with Taplin and Griffiths, apprehended Frazier, Collyer, and Muslin, at No. 1, Dean-street, East Smithfield. When we came to the door we knocked at it, and a young woman answered, she would not open the door, and Taplin threw up the window, and Taplin and Griffiths got in first; Mr. Taplin opened the door for me, and I went in, Mr. Griffiths and I went up stairs and searched the up stairs room, but found nobody there; we came down and searched the lower room, there I saw the prisoner Muslin standing behind the bedstead; Collyer was wrapped up in the bed clothes of a half tester bed; I saw Frazier when I first entered the house, he said that his name was Hall, if we wanted Frazier he would go out and fetch Frazier, Mr. Taplin told him that he knew his name was Frazier.

Mr. Knowlys. In your searching the house there was no butter tub or butter found at all? - No.

JOHN GRIFFITHS sworn.

I was one of the officers. On the 18th of December I received information of a man being robbed near Stepney; on the 19th I took John Clarke; on the 20th I, in company with Taplin and Coombes, took Frazier, Collver, and Muslin, at No. 1, Dean-street, East Smithfield; I knocked at the door, they refused to open the door; Taplin listed up the window and I went in, Taplin followed me; I went into the passage to go to the stairs, and I met Frazier, Taplin asked him his name; I did not justly hear what he said, I was going up stairs; I went up two pair of stairs, there sat a woman, I asked if any body else was there? she said no; I asked for the key of the one pair of stairs room; she said she had not got it; I came down and called for the key of the one pair of stairs room; it was brought me by Coombes; I unlocked the door and went in, but no person was there; I came down and went into the room, I went in first; Frazier was with Taplin in the room; after being a few minutes in the room, I believe it was Coombes, saw Muslin standing by the bed side, Taplin went to the bed to examine whether Collyer was there, and he found him in the bed with the bed turned up.

I was sent afterwards to search the house and I found these keys; the prisoners they all lodge in the same house, No. 1, Dean-street, I found all these pick-lock keys.

Q. Did you find any butter tub? - No.

JOHN CLARKE sworn.

Q. From what I have heard from some of the witnesses you have been brought here as an accomplice. Now, you will observe that it is your duty to tall the truth, and all the truth, and nothing more than what you know, and can remember to be true? - On Tuesday morning Richard Collyer , and I, and Samuel Muslin , I cannot rightly tell you the day of the month, it is about a month ago; we were going up Whitechapel, in going up Whitechapel we saw a little boy with two five shilling papers of halfpence, ten shillings worth; immediately Muslin said let us follow the boy, we followed the boy as far as Union-street, Whitechapel; then we snatched the ten shillings worth of halfpence out of the boy's hand.

Q. What do you know of this business of Hennen's? - We took the ten shillings-worth of halfpence from this boy and went up to Bow Common-fields, and they gave me three shillings and four pence; we went round and we met with John Frazier in Bethnal Green-road, then we went to a public house to have something to drink, going up White Horse-lane we met with this young man with the butter; this was about five or six o'clock in the evening; immediately when we were going along there I saw the man's butter fall down; as soon as the butter fell down I saw the man fall down.

Q. How far was you from Hennen when the butter fell down? - About four yards.

Q. How came it to fall down? - He was knocked down, that made the butter fall off his head.

Q. Who knocked him down? - One of the three prisoners, I cannot say which. Immediately one of them took the butter up and was going to run away with it; in taking the butter up the young man he got up again, and ran after them, and was knocked down again.

Q. Who knocked him down? - I cannot rightly say who knocked him down, it was one of the three; but the people running after them they all run spread on to Stepney Church-yard, and I ran, when I came to Stepney Church yard they came up to me; I never asked them whether they had got the butter or any thing. One of them took the butter but which of them I cannot say; I saw one of them take the butter.

Q. When they came up to you in Stepney Church-yard had either of them got the butter? - No.

Q. Do you know what they had done with the butter? - I don't know indeed, I never asked them the question neither one way nor the other about it.

Q. You say you see one of them take it? - Yes, I did, but which I don't know.

Q. How came they to take it? - I cannot say.

Q. Where did it lay when they took it? - It lay in the road.

Q. Did either one take it up the second time? - One had it in his hand.

Q. Did you all go to Stepney Church yard different ways? - No, only I was before them.

Q. Then you did not see which way they went? - No, only I happened to stop there, and they came running by.

Q. Did not you hear from them or one of them what became of the butter? - I never did indeed, I never asked them that question.

Q. Man! Was not you to have had part of the butter? - They never gave me part of it.

Q. You told us just now that you had part of the ten shillings. How came that? - They gave me three shillings and fourpence.

Q. How came that? You cannot tell? - They gave it me.

Q. They gave it you, why? - I don't know, because they got it in that way, and I was with them, one of them.

Q. Had not you a right then to part of the butter, or what the butter would fetch? - I never asked them about it.

Q. What past when you got to the Church-yard? - They went right up Ratcliff Highway.

Q. Where does the prisoners live? - I don't know where they live; I know where one of them lived, I don't know where the other two lived, Richard Collyer lived in Thrawl-street, Spitalfields.

Q. Where does the others live? - I never heard; I never was in their company much.

Q. Did you ever see either of these prisoners at No. 1, Dean-street? - No, never.

Mr. Knowlys. How many public houses had you been in from the morning to the time this matter happened? - One.

Q. There were a number of people about at the time this robbery took place? - There was nobody about but ourselves.

Q. Where there no boys about? - Not that I saw; that I swear positive.

Q. If these three men are convicted there will be three times forty pounds reward? - I cannot tell I do assure you.

Prisoner Frazier. I keep this house No. 1, Dean-street, East Smithfield; I let it out in different apartments, and each lodger wants a key to the street door to let themselves in and out; two or three of these keys I brought from my father's and friends, and the rest I bought at an old iron shop to try if they would sit the lock of the door. I have witnesses to call that are sufficient to prove that these witnesses have perjured themselves every one.

Prisoner Muslin. As I was going down Whitechapel, I met with Collyer and Clarke, and they pressed me to go with them to get a bag of saw dust. Coming down Bethnall-green-road we saw a bullock, and a quantity of people about trying to put a halter about its neck, and we stopped there some time, and after that we had something to drink; coming up White Horse-lane we met this man with the butter, we were very much in liquor, we had stopped at the Rising Sun, in Bethnall-green, and had several pots of beer and other liquor in the public house; coming up this lane we ran against this lad, not thinking any harm, and came our ways home directly.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace Oyer and Terminer, and Gaol Delivery for the City of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 15th of January, 1794, and the following Days: Being the SECOND SESSION in the Mayoralty of The Right Hon. PAUL LE MESURIER , Esq. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY MANOAH SIBLY, PROFESSOR OF SHORT-HAND, No. 35, Goswell-Street, And Published by Authority.

Prisoner Collyer. The prisoner Clarke has worked for me about three years; he keeps company with my sister; he came to me that morning to go and get a sack of dust, he asked me to go with him; accordingly I went with him, and we could not get any, and we all went round Bethnall-green; he had a sack when Muslin met us, I don't know what he wanted the saw dust for then we met with this bullock that was wild, there were a great many people about it, and some drovers and people with ropes, trying to tie him, and he would not be tied he was so wild, and there were several more young fellows that we knew, and we went into a public house and had something to drink, after that the drovers brought some more beasts to go along with this bullock to take it away, and they took it up towards the Rising Sun, in Bethnall-green-road, and there we stayed drinking all the day, that he cannot deny, till it was pretty nigh dusk; then we pursued right down to go down to the Globe, in Stepney, crossing there from Whitechapel we met this young man with the butter, in the White Horse-lane, somebody, one of us, happened to shove this lad, and he began fighting with him, I believe it was Clarke, and there were a great many people came round about, and we all ran away and left the butter behind us, and Clarke cannot say that we went with an intent to rob the man of the butter; he was never out of our company from that

Collyer. And we went down Ratcliff-highway and came home. This man has done it through spite.

JOSEPH REACOCK sworn.

Jury. Did Hennen live with you as a servant? - Yes, I discharged him on the 18th of December, by reason there was a brother of my partner's that was then come to live along with me, and being vexed because he had lost the butter the night before.

Q. Should you have parted with him, provided he had not lost the butter? - Yes, I should.

Q. Had you any reason to suspect the honesty of the boy? - None at all.

Q. Had he always behaved well? - He had.

Mr. Knowlys. Who was your partner? - William Marsh.

Q. Had you any other partner? - No other.

Q. You never heard any thing of the butter after? - No, never.

Court to Hennen. How far did you follow these men? - To the bottom of the lane.

Q. Did you see whether the butter was dropped in the lane? - I went back again, but I could not find it.

Q. Which of them was it took the butter? - Frazier I saw with the butter.

Q. Did you see him holding the butter all the time you were pursuing them? - No, I did not, they were too far from me, I could not.

EDWARD WRIGHT sworn.

Q. Which of the prisoners do you know? - Neither; I come to speak the truth as far as I know. I work at Mr. Bowldridge's, I left the glass house at four o'clock on Tuesday before Christmas eve, I am sure of the day, and I came to come to my own apartment, the corner of White Horse-lane, I met five men running, four men were first and one was a little behind, he said, stop them men if you can; there was nobody but me that passed; I said I cannot stop them myself, and they passed me about a hundred yards the other way to which they were going, they were going down towards Stepney Church, and I was going to my own house, quite the contrary way to them, I saw a man stand by a parcel of butter, he stood close at the butter, and says I to the man, what is the matter with them men that are running along, because one man cries out stop thief! why, says he, there were four men gone by and they were in liquor, and pushed the man with the butter down; and says he, I have got charge of it; I saw him standing by the butter.

Q. How was that butter? - The butter was loose; it came out of the tub and lay in the mud. Then I went to my own house, to go to my own house.

Court. You saw the tub? - Yes, I saw the man stand by the butter and tub.

Q. Was the butter in the tub, or out of it? - It was all out side, all mud.

Q. Was the tub broke, or quite whole? - It was not broke, the butter slipped out quite whole.

Q. Cannot you tell me whether any of the prisoners at the bar were those that were running? - I cannot.

Q. Did you ever see any of the prisoners at the bar before? - No, nor since, till now.

Q. And after you had seen the butter, did you go home? - I did, to my own house.

Q. Did you know the man that was standing by the butter? - No, I never spoke to him since.

Q. How is it you got here? - They sent me a subpoenea to day. I never told any body of it only my own wife.

Mr. Knowlys. Do you still work at this glass house? - I do, and I am a watchman in Mile End New Town.

SARAH WEEDON sworn.

I live at Mile End, I am a single woman. I was going down White Horse-lane to get my pots in, I was a pot girl then, I lived at the Blue Anchor, at Mile End.

Q. How far is that from White Horse-lane? - It faces quite opposite.

Q. Do you know what day it was? - The Tuesday before Christmas Eve, about a quarter after four o'clock in the afternoon.

Q. Tell us what you saw, and what you know of this business? - I was going down the lane and I saw the butter standing and a man by it.

Q. What did it stand in? - In a half tub.

Q. Was the tub standing on its bottom? - No, it was standing tilting against the brick wall. When I came up the lane again it was standing in the same manner, and the same man standing by it.

Q. How long was you gone? - I was not gone five minutes.

Q. Do you know how it came there? - I did not, I did not see.

Q. What sort of a tub was it in? - In a half tub, it was a dirty looking tub.

Q. Was it very dirty? - The paper was dirty.

Q. There was a paper on it? - There was.

Q. Was it writing paper? - I don't know.

Q. Was the paper dirty or clean? - Dirty.

Q. Where do you live now? - At Mile End, at my mother's.

Q. How came you to be subpoenaed? - I don't know.

Q. Did you tell this story to any body? - No.

Q. Did you know the prisoners? - No, never see them in my life.

Q. Do they know you? - No.

Q. Did any body come to make an enquiry about it? - Yes, there was a man came to enquire at the Blue Anchor, it was the father of one of the young men.

Prisoner Frazier. It was my father, I desired him to go and see if he could find the butter, when I found the man had lost the butter.

The prisoner Frazier called three witnesses who gave him a good character.

John Frazier, GUILTY . (Aged 27.)

Death .

Samuel Muslin , GUILTY . (Aged 21.)

Death .

Richard Collyer, GUILTY . (Aged 25.)

Death .

Tried by the first Middlesex Jury before Mr. Justice ASHURST.

Reference Number: t17940115-14

82. JOHN FOX was indicted for feloniously making an assault on the King's highway, on Elizabeth, the wife of Thomas Hopkins , on the 8th of January , putting her in fear, and feloniously taken from her person and against her

will, a white cloth cloak, value 1s. 6d. the goods of the said Thomas Hopkins .

ELIZABETH HOPKINS sworn.

My husband's name is Thomas Hopkins; he is a brick-maker ; I had been to London, yesterday was a week, it was Wednesday the 8th of January, I was in Lawrence-lane, St. Giles's ; I was latish that night, and I could not get home, I live down in the country, I live by the side of Hampstead; this Lawrence-lane is a thoroughfare, it was in the night, about eleven o'clock, and so my brother got me a lodging in this place, and as I was crossing over to go to the lodging, the prisoner came up to me, and put his hand to the back part of my neck, to my cloak, and he knocked me into the kennel; I don't know whether it was with the one or with the other, with the blow or pulling my cloak that I fell down, I called out to my brother, he was in my company walking with me, and I told him then if he made haste, and run down the street, he would pursue him, and take the man that had got my cloak.

Q. Did he take any thing from you? - Nothing but my cloak, he tore the cloak off from my neck, he broke the string of it; it is an old bit of a white cloth cloak, and my brother ran and catched him.

Q. How soon did your brother bring him back? - He did not bring him back, he held him till I came up to him.

Q. Was he still in Lawrence-lane, or was he got out of Lawrence-lane? - I got up to him in the same street, he went rather more than the length of this court, about two or three hundred yards from where he took my cloak, when I went up he had got my cloak tucked underneath his left arm, underneath his own coat; my brother called the watchman by his name, and he came and assisted him, and took him to the watch house; I don't know the watchman's name.

Q. Were there any lamps there? - No, It was a darkish place.

Q. After you took him with the cloak on him did he get away? - No, he never offered to get away, I have no doubt about his person, I will be upon my oath that he is the same man.

Prisoner. At Bow-street did not you say that the person pulled you backward out of the house, and you did not know who it was? now speak the truth? - I have spoke the truth, I never said so in my life; I was crossing over the road to go to a lodging, which my brother had taken that very night, my brother was a little distance from me.

Jury. Did you know the prisoner previous to his knocking you down? - No, I did not know him before.

ADAM PARROTT sworn.

I am a brickmaker, I am just on marriage with the prosecutrix's sister.

Court to Mrs. Hopkins. What did you mean by swearing that he was your brother.

Prisoner. She said at the justice's that it was her husband.

Court. How came you to say that this was your brother? - I did not take my oath of that.

Q. Have you not been sworn? - Yes.

Q. Then have not you spoke every thing on oath? why did you call him brother? - Because he is out asked at Hampstead Church to my husband's sister.

Q. To Mr. Parrott. Was you with Mrs. Hopkins at any time that she was robbed? - A very little while. On the 8th of January, Wednesday night, I was just returning from her, after I had got her a lodging, I had not got above ten yards, I stopped to make water, before I had done I heard this woman cry out for assistance, she was robbed, I went up

to her, and she laid down in the dirt, in the kennel of the street; says I, which way is he gone? I did not stop to pick her up, I ran along the street after the man, and I saw the watchman, and I asked him, if he saw any man run past there with a cloak? he said, there was a man just gone before; I went after him, and caught hold of him by the collar; says I, stop my friend, you have got something there that does not belong to you; he makes answer immediately, and says, I have got nothing here belonging to you; I told him, if he had not got any thing belonging to me, he had got something belonging to somebody else, that did not belong to him; and the watchman came out to assist, and we found the cloak underneath his coat; it was a white cloak; the watchman and I took him to the watch-house.

Q. You never lost fight of him, after you took him with the cloak? - No; the prisoner is the man.

Prisoner. Did not you say at the justice's, you was in the house when your sister called you? - I did not.

Jury. How far was he when you took him from where your sister was robbed? - About three hundred yards; he was ten yards from where he lodged himself, when I took him; the people told me that, where he lodged.

Court to Mrs. Hopkins. What is the value of this cloak? - The cloak it is not worth any thing, I don't care what value you put on it; it is worth eighteen pence.

JEREMIAH COLLINGS sworn.

I produce the cloak; I am a watchman. I was at the corner of Bucklet-street, St. Giles's; I was standing in my box fixing my candle in the lanthorn; I heard a woman calling out, Adam! Adam! It is a noisy troublesome place with women there, I took very little notice of that; a man came up to me, I thought he had something under his coat; he walked very unconcerned by the box, in a minute afterwards, this young fellow ran by the box; he said, watchman, did you see a man go by here? I told him, yes; says I, he is just before you; and I bounces out of the box, he went along, and in a very little time, he stopped that man there, and I came up to him, and it was that man there, I knew the man; I found the cloak under his coat, on the left-hand side, hid; I took it from him, and I took him to the watch-house. This is the cloak.

Q. Who got up to the man first, you or Parrott? - Parrott was the man that caught him first, I had to come out of the box, so he was more at liberty, than I was; I am sure that is the man.

Q. Did you see any woman? - I saw no woman there, but this woman that came up, and went with us, and gave charge of the man.

Q. Did she in the presence of the prisoner say any thing about the cloak? - She said, that was the man that robbed her of her cloak, and used her ill; she was all over mud and dirt, at the same time, very dirty. I have kept the cloak in my possission ever since.

Mrs. Hopkins. This is my cloak.

Prisoner. That same night a man ran past me, as I was making water, and said, balloo! and he immediately dropped the cloak, and I picked it up; I walked past the watchman with it, and I said to the watchman, why did not you stop him, when you saw him? I was not two yards from his box, when he stopped me. I have sent two letters to a man, that I served my time to; he is not here. I served my time to a butcher.

83. JAMES LYONS was indicted for that he on the 4th of November , feloniously did falsely make, forge, and counterfeit, and caused, and procured, to be falsely made, forged, and counterfeited, and did willingly act, and assist, in false making, forging, and counterfeiting a certain receipt for Bank Stock, Three per Cent. Annuities, for 144l. entered William Johnson . Signed T. Thompson, with an indorsement, Received 2d of May, 144 pounds, the second payment.

- 19th of July, 144 pounds, the third payment.

- 16th of August, 144 pounds, the fourth payment.

- 27th of September, 216 pounds, the fifth payment; with intention to defraud the Governors and Company of the Bank of England .

Indicted in a Second COUNT, for feloniously uttering the same receipt as true, knowing it to be forged, with the like intention.

In a Third and Fourth COUNT, for feloniously forging and uttering as true, a certain receipt for money; stating the first receipt only, with the like intention.

In Four other COUNTS, as in the above, with the intention to defraud Peter Martin .

In Four other COUNTS, as in the four first, with the intention to defraud Richard Bannister .

The prisoner pleaded GUILTY , and demurred.

He was again INDICTED, for feloniously forging another certain receipt, similar to the former.

To which he also pleaded GUILTY, and demurred.

Reference Number: t17940115-16

84. JOHN PARKES , otherwise, JOHN WILLIAMS , otherwise MAT-THIAS PARKS , was indicted for feloniously, falsely making, forging, and counterseiting, and causing, and procuring, to be falsely made, forged, and counterfeited, and did willingly act and assist, in falsely making, forging, and counterfeiting a certain promissory note, No.395. bearing date at Bradford, the 26th of June, 1793. and purported to be signed by J. Frith, and Co. whereby the said J. Frith, and Company did promise to pay to the bearer on demand here, or at Messrs. Taylor, Lloyd, Bowman, and Co. Bankers , London; ten guineas value received, and entered J. Wilkinson, with intention to defraud William Dowsett .

Indicted in a Second COUNT, with feloniously uttering the said note as true, knowing it to be forged with the like intention.

In a Third and Fourth COUNTS, with forging and uttering the said note, with intention to defraud Taylor, Bowman, Lloyd, and Co.

In a Fifth and Sixth COUNT, with feloniously forging and uttering an indorsement of the same promissory note, by and under the hand writing of J. Davis, to whom the sum of money mentioned in the note, was made payable with intention to defraud the said William Dowsett .

WILLIAM DOWSETT sworn.

On the 3d of August last I was out about my business, when I came home at noon, my wife had been serving a person,(a gentleman that appeared to be) with some black silk. I am a silk manufacturer . I came home just as she had finished serving him, and I packed up the goods; I found the person in the shop when I came home, and the person offered me a note. The prisoner at the bar is very

much like the man, I cannot swear to him, but he is very much like the person, my wife served him chiesly; he offered me the note in payment for the goods, to take one pound, nineteen shillings out of it, I took the note, and gave the change; I supposed it to be a good note; I took it to the banker's for payment about an hour and a half after, to Lloyd, Taylor, and Co. they said, they hoped, I had not given value for it, for it was not worth a halfpenny.

Q. Where is that note now? - I wore that note a good while in my pocket book, and it is mislaid; I cannot find it. How it got out, I cannot tell.

Q. Don't you know where it is? - I do not.

Q. When did you last look for it? - I looked for it yesterday. I have lost it now for a month.

Q. Where did you see it last? - In my pocket book.

Q. Was you here attending yesterday? - I was.

NOT GUILTY .

Tried by the first Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17940115-17

85. JOHN PARKES otherwise JOHN WILLIAMS, otherwise MAT-THIAS PARKES , was indicted for feloniously stealing on the 12th of September , a piece of black silk mode, value 10l. the goods of Thomas Wilson .

Indicted in a Second COUNT, laying it to be the property of Thomas Wilson , and Stephen Wilson .

THOMAS WILSON sworn.

On the 12th of September, the prisoner at the bar called at our warehouse in Bread-street, Cheapside , and said, that he wished to look at some black silk; I am certain it was the prisoner; I am a silk manufacturer . After looking at a number of pieces, he selected one; he told me, that his name was John Williams, that he lived at No. 6, Arabella-row, Pimlico; if I sent it there, he would pay for it. I sent our young man with it, and I heard no more of it, till the next morning, when I was looking over some bills, I observed two ten pounds notes; I asked my young man where they came from. I saw the prisoner about eight or ten days afterwards, he wished then to pay for the silk, and he said, I could do nothing but arrest him. I thought the boy would find him again; I saw him in my own compting-house in custody, coming home one morning.

Mr. Knowlys. You sent the boy with the bill of parcels made out, in which the prisoner was made debtor to you? - I did.

Q. Have you not entered this in your book, and made the prisoner debtor? - I have entered it in our memorandum-book, which I do on all occasions; it has gone regularly through the journal, and through the ledger to his debit.

Q. Then he stands debtor in your books now to that amount? You made him your debtor, as you would any other customer? - Surely.

Court. Do you do so with all goods, till they are paid for? - I do.

CHARLES CLARKE sworn.

I am a clerk to Mr. Wilson. The evidence I have to give respecting this cause, is, that on the 12th of September, the prisoner applied to our warehouse, for the purpose of purchasing a piece of silk; I am sure, that is the man; I spoke to him before any body else did; he chose one piece, and he gave us his number, and his name, John Williams , No. 6, Arabella-row; he wished Mr. Wilson to send the goods, and desired to know what time they could be sent; the

prisoner proposed six o'clock in the evening; I took the goods myself, and as near to the time as possible, within a quarter of an hour; between Hyde Park and Arabella-row, I met the prisoner, who knew me again, with a person with him; he asked me, if I was going to his house? I answered, yes; he desired me to go on, and he should overtake me, which he did in two minutes after; he took me to his lodgings; he knocked at the door, and it was opened by the woman that keeps the house, and he took me into the front room; I gave him the bill of parcels; he took his pencil, and proved it to be right; and then gave me two bills, ten pounds each, on Taylor, Lloyd, Bowman, and Co. I took them home, and Mr. Wilson enquired the next morning of whom I received them, I told him. The amount of the bill being twelve pounds, ten shillings, I informed the prisoner, I had not cash enough to give him change about me, he then said, he wanted more goods, and he would call the next day, and look them out, when he would take the change; I saw no more of the prisoner from that time, till the 21st of the same month; when I saw him in Fleet-street, and pursued him, he ran away as fast as he could, and me after him; and by the assistance of another man, who met him, and stopped him, I got up to him; the prisoner seemed much confused, but after recovering himself, he said, the best way I could do, was to go with him, and he would get me the whole of the money.

Q. Had you said any thing to him, that led him to say this? - The moment that he recovered himself, I looked at him, and he said, the best thing I could do, was to go with him, and he would give me the whole of my money. I told him, I could not confidently do any such thing; he then said, where do you mean to take me? I told him, he should go to Bread-street, if he chose, to Mr. Wilson's; he agreed, and we went; and Mr. Wilson came home a short time after he had been there, and then I went with the prisoner to Guildhall, and Mr. Wilson came there; he was examined before the magistrate, and I gave the evidence that I now give, and he was committed.

Court to Wilson. Have you those two notes? - I have, these are the notes.

Q. Are these the notes you received of the young man? - They are the same.

Clarke. These are the notes I received of the prisoner.

Q. What did you do with these notes? - The morning after I received them, I presented them to Taylor, Lloyd, Bowman, and Co. they informed me, they were not worth any thing; I then went back to Pimlico, in hopes to find the prisoner at his lodgings; I did not find him there; the person who keeps the house is now in court, who will tell you more of the subject about that.

Mr. Knowlys. You delivered him the goods with the bill of parcels? - I did.

Q. Did you enter the goods in a book? - I did.

Q. Did you do it after you returned from Pimlico? - I entered them before I carried them.

Q. I understand they were entered into three books, first of all, in the memorandum book, afterwards in the journal, and then in the ledger? - I entered them in the memorandum book myself.

Q. How long after the delivery of the goods, did you enter them into the ledger? - I did not enter them into the ledger, we have a clerk for that purpose.

Q. How long was it after this transaction, that they were put into the ledger? - I cannot tell, I have not seen it in the ledger yet.

Mr. Knowlys to Wilson. When is your goods entered in the ledger? - At the end

Mr. Knowlys here objected to the making of this a felony, as the prosecutor had considered him on his books in the light of a debtor. The court was of opinion, that it would be proper for the Jury to decide upon the intention of the prisoner, and alio, whether Mr. Wilson at the time he sold these goods, meant to give him credit. And afterwards to reserve the case for the consideration of the Judges.

SARAH - sworn.

I live at No. 6, Arabeila-row. On the 12th of September last, the prisoner came to look at an apartment that I had to ler, it was a ground floor, two parlours.

Q. Had you ever seen him before? - No. He liked them very well, and he thought he should like to have them; he asked me the number of my door, and the name of the street, I told him, it was No. 6, Arabella-row; and he told me, that he was come from the country, and he had a portmanteau coming from the country; and he went away, and he told me, he would call again; he never gave me his address; in the afternoon, between five and six, he called again; he came about ten in the morning to bargain for the lodgings; between five and six, he told me he had ordered his portmanteau to come there, and that he would have my lodgings; I told him, I did not know what to do about taking parcels in, till the lodgings were taken, and I had not his address yet, to enquire about him; he said, he would walk about, and take the portmanteau himslef; and he went out about six o'clock; he came again, and knocked at the door, and a young man with him, he had not got the portmanteau, and when he knocked at the door, I opened the door, and he walked into the front parlour, and the young man with him.

Q. Was there any portmanteau then? - No, nothing but the small parcel that the young man had by his side. Then I did not like his behaviour; I went to the bed room adjoining, and looked in, and then went and stood at the door, not liking his taking that liberty before he was a lodger. I stood at the door till the other man came out, the young man came out, and said, you are very pleasant, and went away; and the prisoner stood at the door, to see him out of sight; I said to him, have you got your portmanteau? no, says he, I have not, tis not come, I have given eighteen-pence to a man to bring it; I will go, and see, why it does not come; and he turned back again, and went into the parlour, and took this small parcel, and went away, and I never saw him afterwards.

JAMES LEDGEBURG .

I am in the house of Taylor, Lloyd, and Co. I know nothing more, than that we have no connection with the house of Bradford, where this bill is drawn from.

Q. Do you mean to say, that you have no connection with such a house, or that the bill is a bad one? - I don't know such a house.

Prisoner. My friends live so far in the country, very near two hundred miles, but I have a few witnesses to call to my character, who knew me in London.

The prisoner called one witness to his character.

GUILTY,

Of the intention to defraud Mr. Wilson, and that it was Mr. Wilson's intention to give him credit.

86. JOHN HALL , HENRY BOXER , and ARCHIBALD QUIN-TON , were indicted for making an assault on the King's high-way, on Albert Omindson , on the 20th of December , and putting him in fear, and feloniously taking from his person, and against his will, a silk purse, value 6d. and six guineas , the goods and monies of the said Albert Omindson .

ALBERT OMINDSON sworn.

I was going out on the night of the 20th of last month, (Saturday) about eleven o'clock; I was going up Sun-yard, Nightingale-lane ; I am a sailor ; I came up there, and I saw a girl, and she asked me, if I could give her a little to drink? her name is Mary Lyons. I says, I don't care; and she went in the house, at the sign of the Sun, in Sun-yard, and I called for a quartern of gin; and three men came in, Henry Boxer was one, Archibald Quinton was another, and the other, was John Hall.

Q. Were these persons that you call, Boxer, Quinton, and Hall, the men at the bar? - Yes; and the girl asked me, if she was to drink with the men of that gin, if she was to give them a share of it? I said, yes, I don't care; we drank that, and we called for another quartern, and they drank that out; and then I wanted to go, and I paid for it. And Archibald Quinton said, he would be a six-pence with me for a pot of brandy-hot, and I said, no, I would not, it was too late, I wanted to go home, says I, and paid for that gin to go out; and I went out, I and the girl together; and we walked about so far as a dozen houses along, and the three men came after me directly; the prisoners at the bar; two of them, I knew well, I am not sure, as to the third.

Q. Which of the two, are you sure of? - Henry Boxer , and Archibald Quinton.

Q. Look at the third? - I am not sure of Hall.

Q. What did they do to you? - They came along side of me; and Archibald Quinton , he was the first man, he took hold of me, and knocked me down, and they took my pocket-book out of my waistcoat pocket, and I lost my purse out of my waistcoat pocket. It was in my waistcoat pocket when I left the house.

Q. Did you perceive the purse taken out of your pocket? - Yes.

Q. Who took it? - Archibald Quinton. I saw him, when he knocked me down, and the other man, Henry Boxer , held me down, and he took it out.

Q. What was the third man doing? - He had some hand in it; but I am not sure of him; he leaned on my hand, and hurted me. I was very much licked, and they held me down; when they got my purse, they left me.

Q. What was in your purse? - Six guineas, I am sure.

Q. You are sure it was Quinton that took your purse? - Aye.

Q. Then they went? - Aye, and I called for the watchman.

Q. Did they run or walk, or how? - They run, and one of the watchmen met Archibald Quinton, and took him, the watchman's name is Thomas Grayflower ; and then he stopped Archibald Quinton , and then we walked along side of the girl, she stood by and see, and I told the watchman that was the very girl, and he took her too, and brought us to the watch-house.

Q. You told the watchman that was the girl that was with you when they robbed you? - Yes.

Q. Was Boxer taken then? - He ran away, and when we came to the watch-house he came walking down, we met him, and another watchman took him too, then they put me and the girl in one room, and Archy and Boxer

in another room, and the next morning they called to the girl, to ask her if I would take a guinea and a half to make it up? I told him I could not do any thing till I asked the officers, when the officers came I asked them if I must take the money? they said no, I must not take it, then we went to the justice's.

Mr. Knapp. I am for Boxer. Did you see either of the prisoners at the bar before you saw them at the public house? - Yes, but not the third one, that is the reason why I am not sure.

Q. This was at eleven o'clock at night? - No, it was better, it was eleven o'clock when I went out from my own lodgings, this was near one, that time that they robbed me.

Q. It was quite dark? - No, not very much.

Q. When you got to the public house you have told my lord, and gentlemen of the jury that you had two quarterns of gin? - Yes.

Q. How much did you drink of the two quarterns? - A glass.

Q. How much did you drink in the course of that day? - I drank three glasses in my lodgings that day.

Q. You had been in another public house before that? - No, it is a public house where I lodge.

Q. How many more might you drink in the course of the day, besides these four glasses of gin? - I had some beer.

Q. How much? - I cannot tell, for my own part I had two pots.

Q. Did you go into any other public house, besides the public house where you lodge? - No.

Q. Did you drink with any other person in the course of the day? - I drank with some partner that I had, I drank there the three glasses that you talk of.

Q. And one at the public house? - Yes.

Q. Had you drank any more beer besides the two pots of beer? - Aye.

Q. I think you must be drunk? - I was not drunk.

Q. You mean to tell the court and jury that you was not drunk? - No, sir, I was not drunk.

Q. When you got to the watch-house you was not drunk at that time? - No, I was not.

Q. Was not you drunk on your oath at the watch-house? - No, I had no more than that, and I cannot call that drunk.

Q. Your ideas of drunkenness and mine differ a little, was not you so drunk when you got into the watch-house, that you fell below the grate? - When the watchman had locked me in I laid me down on the floor to sleep.

Q. Then you did not fall down before the watchman's fire? - I did not, I had no more clothes to sleep in than what I have on now.

Q. You was always as certain of the persons of the two men as you are to day of Quinton, and of Boxer? - Yes, I was not drunk, I was always as certain.

Q. Now before the justice you swore to the persons of the two men as you have to day? - Yes.

Q. At the watch-house you was as positive of the persons of the two men as you are to day? - Yes.

Q. On your oath did you not six on the watchman for one of the persons that robbed you? - No.

Q. Now recollect yourself, did you not on being asked to point out the persons that committed the robbery six on one of the watchmen, and said you believed he was one of them? - I did, Hall was one of the persons, but I was not sure.

Q. Did not you mean one of the watchmen, and pointed to him? - I did not.

Q. Did not you say so at the watch-house? - The watchman was not one of the persons that robbed me, they asked

Q. Did not you, at the watch-house, say that you believed one of the watchmen were one of the persons that robbed you, and the watchman told you no, you are not right, and then you pointed out to one of the prisoner's? - No, sir, it did not pass.

Q. Did you ever hear there is a reward if you should convict these men? - Reward!

Q. Don't you understand me? - No.

Q. Don't you know that if these men are convicted you are entitled to a share of a reward of a hundred and twenty pounds? - The justice told me so.

Q. What when you was examined before him? - Yes.

Q. Do you mean to swear that the justice told you so? - Yes.

Q. Was it the justice, or was it Weaver, or Griffiths that will be called to you presently? has not Weaver and Griffiths that are here, told you that you will be entitled to a share of the reward? - No, they have not said any thing about it, the justice told me so.

Court. Consider a little whether you don't make a mistake, do you mean to say that the justice told you, or that you heard it there before the justice's? - The justice read it for me, and the witnesses.

Mr. Knapp. The girl was taken into custody? - Yes.

Q. Have not you been in prison yourself? - Yes.

Q. Where do you come from now? - I came from the New Prison.

Q. How came you to be in the New Prison? - I was going on board a vessel the next day, and they came and catched me on shore.

Court. What have you been in gaol for? - I was not in gaol, they kept me in the house that I might be here as a witness.

Q. Are you a foreigner? - Yes, I am a Dane.

Q. You say the justice read something to you? - Yes.

Q. Do you know what it was? - Yes, he read many things to me.

Q. Did you hear any name that it was called by, did you hear of an examination? - Yes.

Q. Did you hear of a recognizance? - Yes, that was were I heard of the forty pounds.

Court. That was that you was to pay forty pounds, instead of receiving forty pounds, if you did not attend to give evidence.

- GRAYFLOWER sworn.

I am a watchman of Aldgate parish.

Q. Do you recollect any thing that passed on a Friday night in December? - On the 20th of December I went into Mr. Brown's, I went for a penny worth of purl, the Sun in Sun-yard; it was past twelve o'clock, I saw Archibald Quinton, Harry Boxer and Jack Hall, the three prisoners; there was a man there who was a baker, I don't know his name; and I saw Mary West there.

Q. Did you see Omindson there? - Yes, he was there when I went in, Mary West was with him.

Q. Do you know whether Mary West goes by any other name? - I do not. I see her with a quartern of liquor in her hand, she drank to Jack Hall, Quinton, and Boxer, they sat together; I see Mr. Brown give to Omindson a sixpence, by all account he paid for the liquor, the prosecutor he went to the bar door, and he pulled out a green purse, and he shook it, Archy Quinton says to Harry Boxer, that it was gold, and Jack Hall made answer and said, that it was a pity that he had so much; Mary West went to the prosecutor, and told him that she would sit down by him,

Archy Quinton was in the seat, and Boxer sat facing of him, he told the prosecutor he would be six-pence with his six-pence, and have a pot of hot, and that he should pay two shillings and go along with his srod, for the lay in one of his beds in Parrott-alley; Mr. Brown said he could not make any hot, for the sire was just out, Archy Quinton said then they would have a pot of half and half, I went out and told Mr. Brown that I looked upon it the man would be robbed, Mr. Brown looked very solid, but made me no answer, I went out of doors, instantly a woman came and asked me if the house was open, where she could get a pot of beer? I told her yes; I took her to Mr. Brown's, when I went in I saw Archy Quinton with Boxer's sinock srock on.

Q. Had he the srock on before you left the house? - No.

Q. Then he put it on between the time you left it, and the time you returned? - He did. I went and called one o'clock on my duty, when I left the house I left in it the three prisoners, Mary West and the prosecutor. I went and called my hour, one o'clock, before I could get done calling one o'clock I heard watch called, I made all the haste I could.

Q. How long was it after you got out of the house that you heard watch called? - About a quarter after.

Q. Wherebouts did the found of watch appear to you to come from? - From the bottom of Sun yard, near the Sun; I ran down as fast I could, I made haste, and when I got there, I saw Craiger with Mary West in custody, he said that how the man was robbed of six guineas.

Q. What did they say to that? - I took Mary West , the prisoners were not there.

Q. Was there any body else besides Mary West in custody at that time? - No, only the young man gave charge of her.

Q. What did you do with her? - I took her to the watch-house, when I was taking her to the watch-house I met Harry Boxer and Archy Quinton coming to the watch house gate, coming that way.

Q. Were they in custody at that time? - No.

Q. What did you do then? - I jumped and catched hold of Harry Boxer by the collar, and took him with this smock frock on again, what Archy had on before.

Q. Then after you had left the house the smock frock had been changed to Boxer again? - Yes, I called to Kaistey the house man, I told him to take care of Boxer and Mary West , I pursued Archy Quinton, I sprung my rattle after him, as I ran up King-street I saw Jack Hall, at a rendezvous house, trying to get in, he said to me they ran that way, when I went up to the top of King-street there was Mr. Trussel, the other houseman, and Purser, the watchman, with Archy Quinton, taking him to the watch-house, they took him to the watch-house, they searched Quinton, I saw them, and they found two half guineas, one guinea and nine shillings, and one guinea was found on Mary West , and five shillings, there was nothing found on any of the rest.

Mr. Knapp. You was present at the searching of all the three prisoners? - Yes.

Q. On Boxer was found nothing at all? - Only two or three halfpence.

Q. No guineas? - No.

Q. Mr. Grayflower, I take it for granted that you said before the magistrate every thing that you said to day? - Yes, as far as I know.

Q. You told my lord just now that Quinton went to Boxer, and said it was

gold, meaning there was gold in the purse? did you say any thing like that before the justice? - I did.

Q. On your oath did you say so before the justice? - I did.

Q. You stand to it that you did say so before the justice? - I do.

Q. Have you been a witness before? - Yes, I have.

Q. Did you ever give evidence in a case of highway robbery before? - No.

Q. Burglary perhaps you have, house breaking? - Yes, I have.

Q. Perhaps you have had part of a reward before? - Yes, I had.

Q. Why so slack, why cannot you give me an answer? then perhaps you know that if these men are convicted you will be entitled to a share of a reward of a hundred and twenty pounds? - I don't know for that, it is what you please.

Q. Did you never hear that there was forty pounds reward on the conviction of a highwayman? - Not to my knowledge. I cannot help that.

Court. Give an answer instantly? - Yes, I have heard people say so.

Mr. Knapp. Then if these three men are convicted you know there is a hundred and twenty pounds reward to be divided? - It is just as my lord pleases.

Q. You know there will be forty pounds on each of their convictions? - Yes.

Q. And you will be entitled to your share of it? - Yes.

Q. Why did not you give an answer an hour ago? I shall not ask such a witness as you any more questions.

Prisoner Hall. When you was before the justice you never told the justice any thing about my saying that the man had run that way? - I did say that.

JAMES PORSER sworn.

I am a watchman. On the 20th of December there was a rattle sprung by one of the watchmen, and the cry of stop thies.

Q. Where was the rattle sprung? - In King street, Tower-hill, a distance from the Sun of a quarter of a mile; I saw this Archibald Quinton running up King-street, towards me.

Q. The way that he was running was it from Brown's? - Yes, towards Rosemary-lane; I made a blow at him with my stick and I misted the blow and he got past me; I pursued him and took him in Rosemary lane, just by the Sun; I took him to the Watch-house and searched him and took from him one guinea, two half guineas, nine shillings in silver, and three pence in halfpence and two knives.

Q. Did he say any thing when you stopped him? - He said nothing, only he had dropped his hat in running.

- KAISLEY sworn.

I am the house man of Aldgate watch-house.

Q. Do you recollect on the 20th of December any body being brought to the house? - Yes, Mary Lyons , and Henry Boxer, and the prosecutor.

Q. Did you know her by the name of West? - Yes, I believe her first husband was West, that was killed.

Q. Was any thing found on Boxer? - No, I did not search him; the watchman brought him in and told me to take care of the woman, man, and prosecutor, till he ran after the other man that was gone up the back way up to the watch-house; Grayflower brought them in, in a short space of time he returned and brought Archy Quinton, and when he brought him in, he says, that is the man I have been running after; with that I asked the prosecutor if he knew who was the man that knocked him down? and he looked at Archy Quinton, and said, you are the man that knocked me down. Quinton said he did not know any thing of him; Boxer

replied directly and said, did I knock you down, what have you to say against me? and the prosecutor made this reply, and said, I do not say that you knocked me down, but you was one in company; says he, I never was in company nor never was a near him; but says the prosecutor, where is the other man? there was three of you; says he, I don't know any thing about the other man, nor I don't know that ever I saw you. After that I searched Henry Boxer to see if he had any money about him and he had but sixpence and a few halfpence, and them I gave him back again; then I searched Archy Quinton and I found one guinea, two half guineas, and nine shillings in silver; then I searched Mary Lyons and I found one guinea in gold on her and five shillings in silver, and three-pennyworth of halfpence; I took two knives from Quinton, one of them I found down by his feet; I cannot say whether he had it on him or no.

Mr. Knapp. The charge the prosecutor made was for the charge of six guineas and a purse? - I never heard him mention any purse.

Q. In fact no purse whatever was found, nor money to the amount of six guineas was found on any of the parties? - No. never.

Q. No guineas at all found on Boxer? - No.

Q. You remember the first of this business, their coming into this watch-house? - The prosecutor, girl and Boxer, were the first that were brought in.

Q. Had you ever seen the prosecutor Omindson before? - Never to my knowledge.

Q. Did he appear to you to be perfectly sober or in liquor? - I never saw the man before, the charge he gave to me seemed to be a very clear charge to me.

Q. Did he appear to you any time that you saw him in the watch-house to be in liquor? - I say, that I rather think that he was a little in liquor, by what I have seen of him since.

Q. Who were in the watch-house besides Boxer, and Omindson, you, and Mary, Lyons? - Nobody at that time, my partner, the officer, was gone round.

Q. Did the prosecutor charge any body with the robbery besides Boxer and the two other prisoners which are now at the bar, in the watch house? - He charged the three men.

Q. Did he charge any other man? - He did not, there was no other man there but myself.

Q. You say he was a little in liquor; was he so much in liquor that he had the compleat use of his legs, did he tumble down? - No, he did not; he walked about the watch-house while they were gone to fetch Archy Quinton in.

Court. Do you know the prisoners at the bar? - Yes, I know JohnHall, I have seen Quinton before; Hall belonged to Mr. Jones's press gang, at the Crooked Billett; I have seen Boxer before; Quinton lived just by the watch-house.

JOHN WEAVER sworn.

I heard of the robbery. On Sunday the 29th of December I had information that such a man as Hall was at Gravesend; and me and Griffiths went down to Gravesend and went to the lieutenant and he told us that a man of that description was entered of the name of John Rawlins , he said he was gone to the Nore on board of the Sandwich; we immediately went down to the Nore and went on board, we asked for the name of John Rawlins? the lieutenant called him up, John Hall came, as soon as he came, I said, how do you do Mr. Hall? he said my name is not Hall; I told him that he

went by the name of Hall for this year and a half to my knowledge. I knew him perfectly well, I told him he was the man that was wanted and I brought him to London.

Q. Did you search him? - I don't know that we did, he was searched by the lieutenant on board, but we did not; there was nothing found on him.

MARY LYONS sworn.

Mary Lyons is the name I go by at present.

Q. I want to know whether you ever went by the name of West? - That is my name, I go by the name of Lyons now, and should have been married now if it had not been for this affair. On the 20th of December, about the hour of twelve o'clock, I don't think it was so late, I went to my own door from an opposite house; the prosecutor was standing at the door sucking a china orange, it was at Mr. Brown's door, in Sun-yard, Nightingale-lane, he would make me suck part of the china orange, in sucking of it he asked me to go in and have something to drink with him, and I went in, and we had a quartern of brandy, in having the quartern of brandy there were two or three people came in and I divided the quartern of brandy about.

Q. Who were these two or three people? - I really cannot tell; they were the three prisoners at the bar, and I have seen one of the prisoners up and down in the neighbourhood along with a gang; I fancy his name is Henry Boxer by what I have heard, but I did not know what his name was before. The master of the house knowing me, I being a neighbour, he advised me to go home, and we came out, I and the prosecutor, and I hid him a good night, he was very much in liquor, indeed he was so much in liquor that he could not fearcely stand, and I did not go any further with him but two or three doors and I wished him a good night, and he wished me the same, and he asked me why I would not go any further with him? I said because I cannot; and I had been gone about two dozen yards to the best of my knowledge, and I heard the man cry out for the watch; I looked back but I did not go my further and I saw the man, and there were three men run past me in a very great hurry, and I was come to my own home and I saw the prosecutor talking to the watchman, I made over to him. I went to cross over to speak to him, the watchman made for answer that he saw this young woman in your company, and he said he would take me into custody, and I went along with him to the watch-house, the prosecutor said that he would give no charge of me, and I knew nothing of the robbery, but the watchman said that he should take me untill he found the young men, I was put into the watch-house all night long.

Q. Have you told us the whole of what past? - I have hitherto.

Q. Now let us see if you have not forgot a little of this whole? who were in this public house? - I see there were four or five young men drinking.

Q. Do you know who they were any of them? - I knowed one, he is in the bar now, Henry Boxer.

Q. Then you did not know any thing of the rest? - No, I did not.

Q. Look at the prisoners at the bar, do you know them now? - Not to my knowledge, except Boxer, I see him sitting there drinking a pint of beer.

Q. Upon your oath you cannot tell me of any person that you saw there except Boxer? - No, sir.

Q. You tell me that? - I do not to my knowledge.

Q. Now, madam, do you remember either of the prisoners offering to be six

pence with the prosecutor for a pot of hot? - I did not know that till the officers said it; they said if I did not speak the truth against this man or any thing that I know I should be hung; I never was under confinement before; Grayflower and this other man said so, James Purser . Grayflower and Purser said that if I did not speak the truth against these men I should surely be hung; the men themselves know I knew nothing about it; they said if I would go and speak against these men, and say that these men were the men that did the robbery, I should get my liberty, they threatened me very hard yesterday and to day at the door of this court, they said they would do for me and put me a twelvemonth in Newgate, both the officers said so; I know nothing more.

Q. You know very well that you have told a very different story before the magistrate? - What I have spoke now is the truth.

Q. Then what you spoke before the magistrate as far as it differs from what you have said now is not truth? - I was so much frightened before the magistrate.

Q. You then deseribed the persons that sat there, and said, that you knew the person of one young man, with the addition, that he was a tall thin dark man, with careless loose hair, dark complexion, and had on a blue jacket? - The words were put in my mouth by Thomas Grayflower; I was so frightened I could not tell what to say.

Q. Do you remember saying any thing about Quinton coming down about a pot of hot? - That was the watchman's story before the justice.

Prisoner Hall. I know nothing at all about any robbery, the way I came down to the Nore was, I got pressed and I entered before the regulating captain. When they came to the ship, they said there was a reward for apprehending me, of ten guineas, for robbing a house, and shewed the bill to the lieutenant. When I came to the justice they said it was for this robbery; they brought the man in and asked him if he knew me? the man said he did not. The man immediately turned round and asked me if I was one of the men myself? and they called the woman and asked her whether she knew me? she said she did not.

Prisoner Boxer. I leave it to my counsel.

Prisoner Quinton. I am not guilty of the matter, when I was brought into the watch-house, the man said that he knew nothing about me, and Thomas Grayflower persuaded him to swear to me at the justice's; this very money that was found on me I received of one Mr. Sutherland, I received three pounds seventeen shillings, and as for knowing of the robbery I know no more about it than a child.

Court to Grayflower. The woman has said, that you told her, if she did not speak the truth against these men she should be hanged? - It is a falfity, I did not know that she had turned.

Q. Did you say, that if she said, they were the men that robbed the man, she should get her liberty? - No.

Court to Purser. Did you ever say any thing of that fort? - Every word she mentions in regard to that matter is quite false.

The prisoner Hall called two witnesses who gave him a good character.

JAMES FITZGERALD sworn.

I know Quinton, I saw him receive three pounds seventeen shillings and three-pence on the 20th of December, he received it of Mr. WilliamBacon, a clerk of Mr. Sutherland's, at the Swan and Anchor, Butcher-row, East Smithfield. I am a plaisterer; I have known the man about three or four months he is a seasating man as far as ever I knew of him

and a pensioner belonging to Chelfea College. I have lent him money myself, and he always paid me.

John Hall, Not GUILTY .

Henry Boxer . GUILTY . Death .(Aged 19)

Archiblad Quinton. GUILTY Death .(Aged 26.)

Reference Number: t17940115-19

87. GEORGE HARRIS was indicted for burglariously breaking, and entering the dwelling-house of William Hanney , about the hour of twelve, in the night of the 13th of December , and burglariously stealing therein two linen sheets, value 12s. a woman's dimity petticoat, value 3s. three children's dimity petticoats, value 3s. two pair of children's stays, value 2s. a white cloth apron, value 2s. two pair of cotton stockings, value 2s. a pair of worsted stockings, value 6d. three pocket handkerchiefs, value Is. two children's shists, value 2s. two linen shirts, value 5s two diaper table cloths, value 4s a flannel petticoat, value 1s. 6d. and three linen clouts, value 6d. the goods of James Day .

WILLIAM HANNEY sworn.

Q. Do you know the prisoner, George Harris ? - I never saw him, till I saw him in custody. I live in Banner-street, in St. Luke's, Old-street . I should first have told you, that one of the watchmen, who took the prisoner, has now broke his leg. and is dangerously ill.

On the 13th of December last, I was awakened by my wife, saying, what is the matter? I made answer, and said to her, I thought it sounded like a bottle, or a pot, or a kettle. I sat up in my bed, and I thought I heard the cracking of glass, as though somebody trod on it; I got up in the bed, and stood by the bedside, and undrewed the curtain; I looked out of the back window, and there I saw a man standing in the yard, which is adjoining to the room where I sleep, which I believe to be the prisoner; I says to my wife, there is somebody broke into the wash-house, and she got up and looked out, and knocked against the window; and I ran to the front door to the street, and as soon as I got that open, I saw the prisoner; he came running out of the passage, which is joining to my house.

Q. Does that passage communicate with the yard? - Yes, there is a wall about eight feet high.

Q. Is there any communication without getting over the wall? - No. There is a door, but it was fastened. The prisoner ran up the street towards White-cross-street, and I cried out, stop thief! as soon as I gave the alarm, I saw two watchmen run to meet him; the prisoner then turned up an area, a passage which is joining a baker's shop; then I lost sight of him; but I heard the watchman say. I have him; the watchman told me afterwards, that he jumped over three walls.

Q. Did you see him in the watchmen's custody? - No, I did not, till afterwards.

Q. How soon afterwards? - It might be the value of two or three minutes, I cannot say to a minute.

Q. Had he any thing in his posseffion? - Nothing but a knife.

Q. You say, you was waked by your wife on the 13th of December, what time of the night was that? - Between twelve and one.

Q. Did you discover any thing particular in your house? - Yes, they broke a pane of glass, and unfastened a window, and pushed it back, and they had got in.

Q. Who had fastened that window the night before you went to bed? - My wife, she is here.

Q. Did you see her fasten it? - I did not; I heard her say, she would fasten it.

Q. Did you miss any thing there? - Nothing of my own.

Q. And when the prisoner was taken, there was nothing found on him? - No, nothing, only a knife.

Q. You say, you never saw the prisoner? - Never. I know nothing of him.

FRANCES HANNEY sworn.

I am the wife of the last witness. I heard a noise on the 13th of December; where we lay is even with the kitchen, it is all on a ground floor.

Q. Did you look, to see if anybody had been in the house? - Not till my husband said there was somebody breaking in, or broke in; but when I approached the window, there I saw a man.

Q. Did you see the mark of any window being opened? - Not at that time, till I went round, and went and looked to the kitchen. The bar that I put to fasten the window after ten o'clock, I found in the yard, and a pane of glass broke, to shove the window back; and the window was shoved back, there were two of them; one made two attempts to scale the walls before we caught him.

Q. When you looked out of window, and saw the man in the yard, can you tell, whether the prisoner was one? - I really cannot. I did not see his face, they were shortish men in brownish clothes.

Q. When did you first see the prisoner? - To my knowledge, I never saw him, till I saw him before the justice in Worship-street.

BENJAMIN WHITEHOUSE sworn.

I am a watchman. On the 13th of December, I had just beat the hour of half past twelve, I met my fellow servant about the middle of the street, who is now in the hospital with a broken leg. I had not stood long with him talking, before I heard the cry of, watch! I saw the prisoner that is at the bar, advancing towards us; I said to my fellow servant, he cannot get away, there is no thoroughfare. My fellow servant took him in a kind of an area, under a knife board; my fellow servant got him up by his hands, and I got hold of his legs, and we lifted him up.

Q. Did you find any thing on him? - No. We took him to the watch-house, and from there to Clerken well.

JAMES DAYS sworn.

I was tenant at that time to Mr. Hanney; the kitchen belonged to me, and part of the house besides. I rented the first story up stairs; the kitchen is in a line with the parlour. The night the robbery is slated to be committed, I lost the things mentioned in the indictment; they were removed from the kitchen into the yard through the window; they have been in my custody ever since; the magistrate permitted me to use the children's clothes, and some things that we wanted; the articles were marked prior to the robbery with the initials of my name. These things were moved from the horse in the kitchen, through the window into the yard.

Q. Who had left them there? - My servants and my wife; they had hung them up about the kitchen as they usually do. I do not know of myself that they were there, but Mrs. Hanney do.

Court to Mrs. Hanney. Do you know these things belonging to Mr. Days? - Yes.

Q. Where were they left the overnight on the 13th of December? - They were all left in the kitchen on the horse.

Days, I lost a pair of worsted stockings, and two or three children's stockings; these were hung out in the yard; I recovered every thing that was left in the kitchen. The court from whence the prisoner issued, has no thoroughfare whatever.

Court to William Hanney . You told me, that when you looked out of your back window, that you believed that man to be the man. What sort of a light had you? - It was a moon light.

Q. Being in a fright, will you undertake to swear positively, that, that is the man? - No, I cannot. I can swear he is the man that came out of the passage.

Court to Frances Hanning . Have you any recollection of the prisoner at the bar? - No, I never saw him, till I saw him at Bow-street.

Not GUILTY .

Tried by the second Middlesex Jury before Mr. Justice ROOKE.

Reference Number: t17940115-20

88. WILLIAM CORDELLE was indicted for stealing on the 26th of December , eight pounds weight of cochineal, value 4l. the goods of Edward Hanson , John Pearson , Thomas Stiles , and William Pearson .

WILLIAM PEARSON sworn.

We are warehouse-keepers . My partners are Edward Hanson, John Pearson , and Thomas Stiles. On the 26th of December, Thursday, the day after Christmas-day, we lost the property from the warehouse; the prisoner had worked with us about two months; he was a daily servant , he was not employed that morning, he had worked for two months before that day; he came to the counting-house about eleven o'clock in the morning, I asked him, if that was the first of his appearance on that day? he said, it was, he had just come down. I asked him, if he was come to work; he said, if we wanted him, he would work. I told him, we had men sufficient, we did not want him; and then I asked him, what his business was, what he wanted there? he said, he would be obliged to me for the keys of the warehouse, No. 22. I asked him, what he wanted? he said, that he wanted his waistcoat, that he had left the over-night,(the day before Christmas day) he wanted to send it into the country with some other of his things to wash; I told him to get the key, and get his waistcoat. I was busy with some gentlemen in the counting-house at that moment. I had thoughts of going after him, but the postman came, and hindered me; within five minutes, while I was paying the postman for some letters, he came back with the keys in his hand. I asked him, if he had got his waistcoat? he said, no, he could not find it; at the moment, as I was standing at the door way of the counting-house, he twisted by me to hang up the keys; and I observed his great coat pockets very heavy, and I says to him, what is that you have got in your pockets? he said, it was coffee that was his own, that another man had swept up the floor the preceding day, and that, he said, he did not want, and he said, he might take it; I made answer, that it was a shame any man should go out of the yard in his situation, for his great coat pockets were so apparently heavy both of them; while I was speaking this to him, he was going out of the yard as fast as he could; I called to him and told him, I wanted to speak to him; he said, he was coming presently, but still hastened out of the yard as fast as he could; I told him, I must see him then, but still he hastened out of the yard as fast as he could; then I ran after him, and caught him in Hand Court,

about two hundred yards from the counting-house, as soon as I laid hold of him, he begged I would not make a piece of work, there was nothing on him that would hurt me. I told him, whatever he, had, I would insist to see it. When he got under the gate-way, he confessed, that he had property that was not his own.

Q. Before this, had you told him, it would be better for him to confess? - I only insisted on seeing what was in his pockets. I led him down by his collar. The first word he said, was, that he had done what he ought not to have done; then he confessed, that he had property that was not his own on him. When I got him to the counting-house, I took him up stairs, Mr. Stiles was there present; we asked him, what he had got? he said, he had got cochineal; we asked him, where he got it? he said out of the warehouse, (22) and then he begged for mercy on his knees.

Q. What might be the value of this cochineal? - Four pounds; the cochineal is in court, there is upwards of eight pounds of it.

Q. Did you go to this warehouse to see if any were missing? - As soon as we had taken him into custody, we went to this warehouse, and there we found a bag of cochineal torn, and a great deal laying on the floor; I suppose, ten or fourteen pounds.

Q. From the hole that was torn, could he have taken that quantity, that he had about him? - Certainly. The whole would have run out, if it had not been for other bags that were by it, that it ran between. He was taken before a magistrate, and committed.

Q. Did he say any thing else? - He intimated, that he did it by the advice of another person; whether it may be proper to mention that, I don't know.

Q. What business was he in your house? - He was a labourer, he had frequently been employed in coopering.

Mr. Knapp. I take it for granted, till this time, you had a good opinion of this young man, or else you would not have employed him? - Why, we took him without a character.

Q. When you had seen him, and given him the keys, he returned back in about five minutes? - I think it was so.

Q. He brought the keys back to the very house where you was? - He did, and hung them up close to me.

Q. Not a very natural thing for a man to do, that had been committing felony? now about this confession, finding yourself robbed, and suspecting the prisoner had been the person, you was a little displeased with him, will you be kind enough to tell the court whether you did not say to him something like this, I know you have robbed me, tell me the truth? - I did not conceive he had robbed me till I saw his pockets so full, the words I used were, I insisted upon seeing what was in his pockets.

Q. Did not you tell him it would be better for him for to let you see what was in his pockets? - I did not, I had a great opinion of the young man we had intimations that he was not trust worthy, I had suspicions when I gave him the keys, and I meant to be after him.

Q. When he came back you took him up, and he downed on his knees and prayed for mercy? - He did.

Q. What answer did you make him? - I told him the circumstance he had been guilty of could not plead much for mercy.

Q. Then it was after that, that he pulled out of his pocket a bag of cochineal? - No, it was not, he said, this I have done by the advice of another, or to oblige another.

Q. How many bags of cochineal might you have in this warehouse? - Probably between twenty and thirty.

Q. How long before had you been in the warehouse, No. 22,? - The eve before Christmas day we had been there.

Q. When had you yourself been in that warehouse? - It is a particular warehouse, we are in it two or three times, a day I might not have been in the warehouse myself for two or three days.

Q. I am sure that you don't mean to equivocate, you tell us that you might not have been in the warehouse for two or three days, before you said you were in it on Christmas eve? - When I say this I mean to include myself, partners, and some of the leading men in the warehouse.

Q. Do you always keep the keys of the warehouse yourself? - They are always in the counting house, in an iron chest.

Q. Can you take on yourself to say how many persons might have gone into the warehouse when you might not have gone in yourself for two or three days? - I cannot.

Q. If you might not have been in for two or three days, then for these two or three days you could not be acquainted with the state of the cochineal? - I was not.

Q. Then if any other person had been in this warehouse in the two or three days that you was not there, you could not have known any thing about it? - I could not.

Q. Will you take upon yourself to say that the cochineal in your warehouse was distinguishable from what is in other warehouses? do you mean to swear to that cochineal being your property from any mark that you have? - I certainly will swear to the cochineal being our property.

Court. Was there any other bag open besides this one? - No, none other.

Q. When you was there last was there any bag open? - No, not to my knowledge.

WILLIAM JENKINS sworn.

I am a clerk to the bull porters. I know the prisoner at the bar was apprehended and taken with the cochineal that is now in court, on him; I see him taken into the counting house, that was the first time I heard of it, the counting house was locked when he was in, but I listened at the door, and I heard the prisoner say, don't hurt me, Mr. Pearson said I will not hurt you; after that I see about eight pounds of cochineal taken from him, he said that he had taken it out of the warehouse, No. 22. The cochineal was put in a paper bag, and the seam sewed up, I believe I took possession of it, I put it under lock and key, which key I have always had.

Mr. Knapp. What are you? - I am clerk to the bull porters.

Q. You was present when the cochineal was found? - I was all the time.

Q. Did not you hear your master say it would be better for him to confess? - No, nor no other like it.

Q. Sir, I did not mean to offend you? - Nor I you.

JOHN WAINWRIGHT sworn.

I am a constable of Dowgate ward; I was sent for to take care of this man, I saw cochineal taken out of his pocket.

Court to Jenkins. Why were there two parcels? - This that Wainwright speaks of was taken from his body at the Mansion House.

Wainwright. I did not see the parcel taken from his pocket, but this other parcel I took from him myself, I emptied the other pocket in the Mansion-house.

Q. I ask you whether that parcel that is sealed up is the parcel that was taken from him in the counting house? - It is.

him to the Mansion House I stroked him down, and in his great coat pocket I found something heavy in his pocket; I asked him what he had got there? he rather objected to my seeing, but I examined him, and I found his coat pockets pretty near full of cochineal.

Q. What was done with that second parcel? - That was sealed up, and given into Mr. Hanson's counting house, to Mr. Jennings.

Court to Pearson. Is that the same sort of cochineal that was in the bag? - I have a sample here from the bag, and from the best of my judgment it is the same.

Mr. Knapp. Perhaps as you are a warehouse-keeper you may have other commodities in that warehouse? - We have gums, saffron, and a great many different articles.

Q. Supposing this had been an indictment for stealing saffron, or any other article in your warehouse by having taken out some to have compared, would you have been able to swear to the identical commodity that belonged to you? - There is certainly a difference in almost all articles, but with respect to saffron I am not a judge.

Q. Whether there might not be produced from other warehouses samples the same you now produce to the jury? - I cannot say that such, samples could not be produced from other warehouses, but from the concurring circumstances I have no doubt.

Prisoner. I was so far advanced in a state of intoxication that it is impossible for me to charge my memory with what I did, Mr. Pearson knows that there were several bags in that warehouse for two or three days before, opened, and I had orders to mend them, but for want of a needle I did not, and my fellow servant, Benjamin Wood, if he was here he would certify the same.

Court to Prosecutor. Was he drunk at the time that you took him? - By no means he was not.

Court to Wainwright. Was the man drunk? - I cannot say he was drunk, he did seem as if he had had a little, he asked for some brandy at the Mansion House, and I told him he had better not have any more.

Court to Jenkins. Did this man appear drunk? - He appeared to have been drinking, but he knew what he was about as well as I.

Court to Pearson. Had you given him any orders to mend the bags? - I don't recollect I did.

Q. Were there any bags torn in this way, so as to have any out? - They are guarded by the thread, and frequently the string that is at the corner will be loosed; there was one bag that we could get two fingers in, and we weighed the bag, and there was none missing, it was perfectly weight.

Mr. Knapp. I should think if there was a hole of two inches at the bottom of a bag it would admit of a large quantity of this small sort of grain to run out? - It cannot, except the commodity laid above the hole.

Q. Perhaps it did? - It did not.

The prisoner called six witnesses who gave him an excellent character.

GUILTY. (Aged 24.)

Recommended to mercy.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17940115-21

80. THOMAS HOWARD was indicted for stealing, on the 14th of January , three pounds weight of raw sugar, value 1s. 6d. the goods of Samuel

I am one of the company of Porters key. I am a gangsman ; we lost some raw sugar last Tuesday afternoon; I did not see it taken, but the witness here catched the man with the sugar on him.

MICHAEL BENJAMIN sworn.

I work for the gang, I am one of the labouring men; I was shutting up the doors of the warehouse, and I heard somebody cough, it was last Tuesday evening, I called Thomas, nobody gave me an answer, and I looked, and I saw Howard concealed by the side of a hogshead of sugar, in the warehouse, when I was going to lock up the door; I asked him what he did there? and I went to him, and he had a bag with a sample of sugar in his hand, I asked him what business he had there? he said my master sent him up stairs for to go to work.

Q. Did you know his person before this? - I never saw him before in my life.

Q. Are there warehouses up stairs? - He was up in the garret, after that I took hold of him by the collar and took him down stairs along with me, and delivered him to Mr. Gordy.

Q. Did you see him examined? - No, he had no bundle in his hand, that was all he had.

Q. You said he had a sample in his hand? - That was all he had, it was a little bag tied up; the constable has the bag, I see it delivered to the constable, there was only one head out in the whole place.

Q. Did you ever compare it with the same sugar that was in the cask? - It was the very same sugar, I can swear to it.

Prisoner. I did not offer to hide myself away from you when I met you? - He hid himself behind the hogshead with his head down, I did not know he was there till he coughed.

Q. Did you find him walking there, or was he standing still? - He stood still when I came to him.

Court to Gordy. Was the property in the warehouse of which Benjamin speaks of, under the care of your gang? - It was.

Q. Was all the sugar there belonging to your gang? - Yes.

Q. Did you see the hogshead broke open? - I did not.

Q. Do you know whether there was any missing? - I cannot tell particularly that.

Q. Did you ever send the prisoner up there? - No.

WILLIAM GREEN sworn.

I am a constable. About a quarter before five o'clock, as I am a constable belonging to the house, the gangsman met me, and told me there had been some pilsering in the warehouse, I went along with him up to the building, and in the first story Benjamin had got the prisoner, Benjamin had the sugar, and the prisoner was with him.

Q. Did you go to see whether any sugar was missing? - It is impossible to tell for the value of three pounds what was taken out, I suppose the cask wanted a matter of a hundred pounds weight of being full, but the head was out of the hogshead, part of it; I have got a sample of the sugar here that I took out of the cask.

Prisoner. I went up in the warehouse for to set the capstains up, when I came up there I found it was set up, and I returned again, and came out of the warehouse, as I came along the warehouse I saw this bag lay with the sugar in, I did not put it in at all; as I was coming out I met this man, he asked me what it was? I said I believed it was sugar, says he come down along with me, I went down stairs with him. I have not got any one to speak for me at all.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17940115-22

20. THOMAS LINCH was indicted for feloniously stealing, on the 13th of December , a silver table spoon, value 15s. the goods of Samuel Marriott .

SAMUEL MARRIOTT sworn.

On the 13th of December I lost a silver spoon.

Q. Where did you find it? - We lost it until the prisoner was taken with the spoon on him, our plate is in general looked over every evening, I keep the Paul's Head tavern , Cateaton-street , we did not discover that we had lost the spoon until the spoon was found on his person; I have no knowledge of it myself, I only come to prove my property.

CATHARINE SULLIVAN sworn.

On the 13th of December, the prisoner at the bar was a fellow servant of mine at that time. I live at Mr. Dean's, the corner of King-street, the Castle, he had lived with us about three weeks before the 13th of December, about seven o'clock he had to go to Mr. Marriott's for the pots, he had to go several times before there. My mistress keeps a public house; a little after ten o'clock my work being done I asked him to let me pass him to sit down, which is a place we always fit in ourselves, he went to move on to let me pass him to sit down, and in his left hand breeches pocket there was a silver spoon, the bowl was down in his pocket, and the handle was out so that I could take hold of it, I asked him what he had got there? he made me no answer, I took the silver spoon directly, and told my mistress it was a spoon that Thomas had got, my mistress told me it must belong to Mr. Marriott, and to go with it there, and ask them whether it belonged to them or not; I did so, the prisoner went with me, and I asked Mrs. Marriott whether it was her property? and she said it was her property, and she said it was one of her best spoons and Mr. Newman was sent for and given charge.

Mr. Knowlys. You and this man lived fellow servants together? - Three weeks.

Q. You did not agree very well I believe? - We never had any fallings out as I know of.

Q. Did not he accuse you of drinking rather a drop too much sometimes? - No, he did not, I do not believe he was sober at that time, he told me that he took it out of one of Mr. Marriott's quart pots, with a design to bring it back, so he told my Lord at the Mansion House.

Q. He knew perfectly well you was going to Mr. Marriott's, he went with you readily? - He did.

Q. There was no constable? - There was not.

Q. He is a poor foolish, idle, drunken fellow, is not he? - I cannot say about his idleness, he was very short at our house.

Court to Marriott. Is that your spoon? - Yes, my name is on the back of it.

Q. Where were your spoons usually placed? - They are usually carried to a house maid, who stands to receive them, and bring them into the house, into a kitchen, there they are washed.

Q. Where do you keep your porter pots? - The porter pots stand in different situations in the house, in general by the bar, in order that we may observe who comes to take them, but sometimes they may be left in different parts.

Q. Do they find their way to the kitchen, where these spoons are washed? - There is not a doubt but they may do so, the rule is that they are not to come there, though they might come there, but we generally have them near the bar, that they may not have any pretence of going to any other part of the house to seek for the pots; I frequently find them in different parts of the house for pots, and I ask them what they do there? they say they come for pots, I tell them they have no business to come there, if they want pots to speak for them.

- NEWMAN sworn.

I am a constable, the young man was delivered to me and the spoon; I took him before the Lord Mayor and I have had the spoon in my possession ever since.

Mr. Knowlys to Marriott. You don't know the particular servant in your house who had the care of that particular spoon? - I don't know indeed, that day I might have a hundred and fifty spoons about the house.

Q. Then the negligence of a servant might leave it where the pot boy might find it, none of your servants who had the care of the plate are here? - No.

Q. Therefore we cannot tell how they might dispose of them? has not this boy been instrumental in returning to you a piece of plate that was lost at one time? - Not to my knowledge.

Prisoner. It was in a quart pot, I did not see it till I brought it home, and I put it into my pocket till such time as I had leisure to take it home, which I put in my pocket, and sat down, I did not think of it immediately, the maid took it out of my pocket, I have some witnesses with respect to my character.

The prisoner called five witnesses who gave him a good character.

NOT GUILTY .

Tried by the London Jury before the Lord CHIEF BARON.

Reference Number: t17940115-23

91. SARAH HAWLEY and MARY COOLEY were indicted for feloniously making an assault on Catharine Claris , a single woman , on the 2d of January , putting her in fear and feloniously taking from her person and against her will, one fur muff, value 8s. a fox tippett, value 3s. a check muslin apron, value 4s. two yards of sattin ribbon, value 8d. the goods of the said Catharine Claris.

CATHARINE CLARIS sworn.

Last Thursday night was a week I was followed by the two prisoners at the bar, I was going to my own lodgings.

Q. Where do you live? - No. 10, Charles-court, in the Strand. They followed me and demanded money for gin, I told them I had no money for to give

them, they still demanded my money, I told them a second time I had no money to give them, they still followed me, just as I got to Mr. Masters's shop, a silversmith in the Strand, they stopped me there, they demanded money again, that was the third time, I told them again I had none to give them, they then took hold of my handkerchief, and said I should go no further till I did give them money for gin, they then gave my sister a blow in the face, in the eye, I asked them what they did that for, as we gave them no offence? Sarah Hawley damned me for a b-ch, and said she would let me know, she then struck me, she then made a snatch at my apron, I did my endeavour to hold my apron with the muff, and the tippett in it, she then gave me a blow in my left eye, which occasioned me to loose my hold, they tore my apron off my lap, with the muss and tippett in it; Sarah Hawley did it, and gave it to the other woman, Mary Cooley , and Mary Cooley gave it to a man that stood behind her, in a dark coat and light waistcoat; she then tore at my cap, and bonnet, Sarah Hawley did, Mary Cooley snatched hold of the ribbon that was on my cap, and tucked it down her bosom; my sister was standing by, she endeavoured to get my cap and bonnet from Sarah Hawley , when my sister got my cap and bonnet from Sarah Hawley , Mary Cooley knocked her down, and cut the back of her head open, I then ran into Mr. Masters's shop, I had been in Mr. Masters's about two minutes, when my sister came in with my cap and bonnet in her hand, while I stood in Mr. Masters's shop, Sarah Hawley came up to the door damning her eyes and limbs, what she would do, if I came out again, I heard her, she hallooed loud enough for me to hear; the gentleman of the shop went out, and threatcued to charge them both with the constable if they did not go away, from that they went lower down and waited in the Strand; I got my cap and bonnet again, I have got my cap here in my bosom. As I was coming out of the shop, after putting my cap and bonnet on, a young woman and a gentleman together bid me not to go down the Strand; and the young woman told me their names, nothing more passed then; I was obliged to go all round the back streets to get away with my life from them; nothing further passed that night, I went home all tore to pieces as I was, I got my cap and bonnet but I lost my fox muff and tippet, and a check muslin apron, and two yards of sattin ribbon.

Q. How long had you known the prisoners at the bar? - I don't know that ever I saw them before that night.

Prisoner Hawley. Ask the witness who she is, and what she is? - I am a furrier.

Court. Did you live in service at that time? - No, I did not; I worked for my bread ever since I have been thirteen years old, honest and hard.

Q. When did you find out the prisoners again? - They robbed me the Thursday, and the constable took them the Sunday morning following.

Q. What time of the night was this? - About a quarter after seven at night.

Q. Could you see the prisoners distinctly so as to know them again? - Yes, I could see them very plain by the lights in the shops.

Q. Had that woman, Hawley, a child in her arms, as she has now? - She had not, she had a dark bed-gown on and that silk handkerchief, and that other had the same gown and handkerchief on that she has on now.

Prisoner Hawley. Have you been at all on the town, you are women of the town and lives in Charles's street? - My lord, it is well known my character.

Court. How did you find out the prisoners? - The constable found them out.

Q. How did you direct the constable? - I did not direct him; the young woman that see me home out of the shop, gave me their names.

Prisoner Cooley. She knows me and my mother very well? - I do not know nor I never have known her mother nor any body belonging to her.

Q. I know her mother, her mother lives in Cross-lane, Lukener's-lane? - No, she doth not, she lives in Holborn, not far off a cook's shop.

Q. Her mother's name is Judith Clancy .

Jury. Did your mother ever live in Cross-lane? - She never did.

Prisoner Cooley. Was not your brother an apprentice to a chimney sweeper? - No, he is not, she is at sea.

Court. Did he ever live with a chimney sweeper? - No, never.

Prisoner Cooley. He was apprentice to Mr. Tweedy in Clement's-lane? - I don't know such a man, I don't know any body of that name.

Q. Her brother went by the name of Stephen Green? - Never, he never went by any name but his own.

JUDITH CLANCY sworn.

I shall be sixteen next June, I never took an oath before I came here.

Q. Do you know what will become of you if you swear false? - I shall go to hell if I swear false.

Q. What do you know of this matter? - I saw Sarah Hawley strike my sister, she struck me first of all, my sister asked her what it was for? She called her a low name, and told her she would let her see what it was for, and then she took and struck my sister, and then she snatched at my sister's apron, and when my sister found that, she endeavoured to hold it, with that she took and gave my sister a blow in her eye which occasioned her to loose her hold, then she took and tore her apron clean off her sides, and then she gave it to Mary Cooley and Mary Cooley gave it to a man that was behind, and then she made a snatch at my sister's cap and bonnet and tore it off, then I did my endeavours to get my sister's cap and bonnet, and Sarah Hawley and Mary Cooley struck me, and knocked me down in the street, and cut the back of my head open, then I got up my sister's cap and bonnet and carried it into the shop to my sister.

Q. How did you get the cap and bonnet? - They were getting of it, and as Sarah Hawley was giving it to Mary Cooley I catched hold of it.

Q. Was you very much frightened? - Yes, when I saw her strike my sister and take my cap and bonnet from her.

Q. Where there many people about? - Yes, there were many people in the street besides.

Q. Did you cry out stop thief? - No, I was so frightened I did not know what I was doing; my sister lost a fox muff and tippet, her apron and two yards of ribbon; the ribbon was found on Mary Cooley 's cap on Sunday morning.

Q. Did you ever see either of the prisoners before? - No, I never see them in my life before.

Prisoner Cooley. Does not your mother sell matches?

Court. What was your mother? - My mother was no trade, my father was a master bricklayer.

Prisoner Cooley. Her mother sells matches and is blind? - She has got her eye sight as good as me.

Court. Was your brother ever an apprentice to a chimney sweeper? - Never in his life, he was apprentice to Mr. Brown, a carpenter in Long-acre; his name was Stephen Clancy .

I am a constable belonging to the Police office in Marlborough-street. On the 3d of this month, these two girls came to Marlborough-street, the two prosecutrixs, to give information concerning this assault and robbery, and there was a warrant granted for the assault and robbery; there was one of my brother officers and I went in quest of these two girls, the prisoners at the bar. There was a girl along with these two girls that came, that gave the names of the two prisoners; we made an appointment to meet them at half past seven, to go round the streets to inspect after them; we were going about in Drury-lane, who knows almost all the girls about St. Giles's; we asked her, if she knew the girls? she said, she did; on which, we went along with these two girls about the Strand, Temple bar, Chancery-Lane, and Holborn, two nights, Friday night, and Saturday night; on the Saturday night when we could not find them, we made an agreement to meet Sunday morning, to go to their apartment, to see, to get them in bed; we knew their lodgings were in Lukener's-lane; we went, and they were both in bed; we rapped at the door, and the door was opened; Judith Clancy came in, and said, these were the girls; the prisoners were both in the same bed. Judith Clancy said, they are the same; she looked round the room, and she saw Mary Cooley 's cap hanging, and this ribbon was on her cap, which Judith Clancy said belonged to the prosecutrix; she said, that is my sister's ribbon. I took it off immediately; her sister was not with her. Judith only went in the morning with me, and the other girl, that told the names of these girls, and I took this ribbon off Mary Cooley 's cap; I searched the apartment, and I could find nothing more.

Q. Did you charge the prisoners at the time with the assault and felony? - I did, they said, there was a quarrel between them, or something to that purpose; they acknowledged there was a quarrel in the Strand.

Q. Did you understand what was the occasion of the quarrel? - I did not.

Q. Did this girl Judith Clancy know them at once? - She did; she said, these are the two women; and the child was in the bed between them, and she turned round, and saw the cap; and there, she said, that is my sister's ribbon on the cap.

JAMES PERRY sworn.

I am an headborough, belonging to Bloomsbury parish. On Friday night, Mr. Jacob came down to Mr. Murphy's in Drury-lane, where I was; and Judith Clancy, and her sister, and this woman that informed her the names, came down there, and the business was communicated to me, and I was asked, if I knew the girls? I told them, I thought, I did; we went in search of them, but did not find them; on Saturday morning we first found they lived in Parker's-lane, I went there, and they were gone; then I heard again, they lived in Lukener's-lane; on Sunday morning we went there; we went and knocked at the door, somebody opened the door; this Judy Clancy , and the other young woman was with us; we went in, and asked the girl, if she knew them women? she said, they were the women that robbed her sister; she looked about, and said, there is the ribbon that belongs to my sister, Cooley said, it is my cap.

Q. Did Cooley or Hawley at all say what was the occasion of this business? - I did not particularly hear it.

Q. Then when you charged them with it, they said nothing? - They did mutter a few words, but I was busy searching the room. We put them in the watch-house till Monday morning,

Catharine Claris . I had two yards and a half of this ribbon; I have no marks on the ribbon; I can be on my oath, I see her take my ribbon, and put it down her bosom.

Q. Is that the same quantity that was stolen from you? - No, there was two yards of it; I bought two yards and a half, and I cut half a yard off from it.

Prisoner Sarah Hawley. I am not guilty of it, there were plenty of women out at the time, that knew the house where she lived.

Jury to prosecutrix. Was that muff and tippet your own property, or was you making of it for any body else? - It was my own property.

Q. Was not you about six weeks ago taken before Mr. Addington, as a prostitute? - No, never in my life. I never was before any justice at all, till I was up at Malborough street on this occasion.

Court to Perry. Do you know whether this witness lives in Charles-court? - She does, in No. 10.

Q. Is it a house of reputation, or is it a house in which unfortunate girls are used to live? - There are a great many honest hard working people in that court, I don't know in that house.

Jury to Perry. Did you ever look on the prosecutrix, as a girl of the town, or not? - I do not look on her as one of the town.

Court. Then you never have known, or suspected this lady at all, as a girl of the town? - On my oath, I did not.

Jury to prosecutrix. How long is it since your brother was put apprentice to Mr. Brown in Long-Acre? - I cannot tell.

Q. Who was your brother an apprentice to? - He was not an apprentice, that I know of.

Then your brother was not an apprentice to any body? - No; it was not my own brother.

Court to Judith Clancy . Who is your brother an apprentice to? - Mr. Brown in Long-Acre, he lived in Long-Acre, near St. Martin's-lane, I believe, six doors off from St. Martin's-lane.

Q. As you go from Queen-street to St. Martin's-lane, is it on the right hand, or the left? - On the left hand; he now is moved into Islington. And my brother has been out of his time about four years.

Q. How long did your brother live there in Long-acre with Mr. Brown? - I dare say he lived five years there.

Q. Did Brown keep a shop there? - Yes, he kept a shop there.

Q. Was the shop open to the street? - Yes, it was within six doors of St. Martin's-lane, on the left hand.

Jury. Some of us have lived there on the spot these twenty years, and know nothing of such a person.

Prisoner Cooly. I went with this Sarah Hawley to Westminster, to get a child's caul, she had her child with her; coming down the Strand we met with Judith Clancy and her sister, we all stopped together; we asked her for some gin, and they jawed one another; Judith Clancy 's sister took and struck Sarah Hawley with the child in her arms; she gave the child to a woman, and they both fell a fighting; Judith Clancy's sister's cap and bonnet fell off.

Both not GUILTY .

Tried by the second Middlesex Jury before Mr. Justice GROSE.

Reference Number: t17940115-24

92. ANN MADDEN was indicted for feloniously stealing on the 6th of January , three Spanish dollars, value 12s. nine guineas, half a guinea, and one shilling, the monies of Robert Wilson , in the dwelling-house of Margaret Johnson , widow.

I am a mariner . I was very late out, and did not like to cross the water that night, and I enquired of a watchman, if I could get a house to sleep in, till the morning; and I got to a house in Gravel-lane, William's-Court , the watchman went to the house with me.

Q. Was you sober? - I had got a little liquor, but not much.

Q. What time was it? - It was gone twelve at night. I never missed nothing at all, before four o'clock in the morning.

Q. Did you go to bed? - Yes, I gave the girl that was in the room, Rebecca Carter, it was the servant girl, I understood her to be at that time; I gave her half a crown, two shillings for the bed, and to fetch me six-pence back; it might be nearly one o'clock; this was before I went to bed; then she fetched the sixpence, and it was not a good one, I would not have it, and she went out again; when she came back I was asleep with the person in bed, that slept along with me; we were both in bed together.

Q. Who was this other person? it was a girl, she was in the room when I came in.

Q. Did you go to bed to that girl? - Yes, please your honour, I did.

Q. Who was that girl, the prisoner, or any other? - No, she was not here. When I awoke in the morning this Rebecca Carter was sleeping in the room in another bed; I awoke at four o'clock in the morning.

Q. Before you went to bed, what had you done with your clothes? - I put my breeches under the clothes of the bed where I slept, and the coat and waistcoat on the bed. So I examined my breeches as soon as ever I awoke, and I found myself robbed; there were three dollars and a shilling taken out of them; I put them under my head, and I found them under the bed; and I examined the pocket-book, and nine guineas and a half were missing from there in gold; so I went and got an officer the next morning by nine o'clock, and took three of them into custody.

Q. When had you last seen your money before you went to bed? - About half an hour before I went to bed, the gold was in a pocket-book, and the silver was in a breeches pocket.

Q. Where was this pocket-book? - In my coat pocket.

Q. When had you last seen your money before you missed it? - At the very last house I was in, the sign of the Angel, Old Gravel-lane, one Mrs. Wilson keeps it. I saw it there about five o'clock in the afternoon.

Q. How came you to see your money there? - I had something to pay there, and I changed a guinea, and had just half a guinea, a shilling, and half a crown out of it.

Q. Had you half a guinea? - Yes.

Q. How many guineas had you left then? - Nine whole guineas.

Q. Do you know whether you saw your dollars then? - I do not.

Q. How came you not to part with your dollars then? - I kept them for memorandums.

Q. Did you see your dollars at that time? - Yes.

Q. When you missed all this property, what did you do in consequence? - I went and applied to an officer, and he came and searched the room, and he found three guineas, and three dollars on the mantle-piece; the officers name is John Riley . I went out to the officer.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 15th of January 1794, and the following Days; Being the SECOND SESSION in the Mayoralty of The Right Hon. PAUL LE MESURIER, Esq. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY MANOAH SIBLY, PROFESSOR OF SHORT-HAND, NO. 35, Goswell-street, And Published by Authority.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

The Continuation of the Trial of ANN MADDEN .

Q. Was it on the mantle-piece of the room where you slept? - Yes.

Q. Why do you charge the prisoner with stealing the money? - By a witness that was by.

Q. As to the guineas and the three dollars, can you swear to them? - No, I cannot, but they are undoubtedly my money.

Q. What is become of the dollars or guineas? - Mr. Riley has got them.

Q. Did you see the woman there at all? - I did not in that room, I did in the room next to it.

Q. When did you perceive her there, before you went to bed, or afterwards? - Before I went to bed.

Q. Did you observe her enough to know her again? - O, yes! I knew her again when she was in the room the next morning, at the time we were searching of it.

Prisoner. Was I ever in your company? - No, you was not.

Q. Did I not fetch you in a penny candle alight, when you called for it? - You did, about eight o'clock in the morning. I awaked at four o'clock, and found I was robbed, but I did not get up before day-light, till seven o'clock, and then I went out for an officer; when he came up I called for a light, and the prisoner brought a candle.

Q. Who is Margaret Johnson ? - The person that keeps the house, I was told so; I don't know of my own knowledge.

JOHN RILEY sworn.

I am a constable of the Police-office, Shadwell. On Monday the 6th of this month, Mr. Wilson, the prosecutor, came to me to the office, about nine o'clock on Monday morning; he told me, he had been robbed of nine guineas and a half in gold, three dollars, and a shilling; I asked him, if he knew the house that he was robbed at? he said, he

did; I went to the house of Margaret Johnson. She is a widow woman, I know it to be her house; I took three women into custody there, and searched about the house; I looked on a mantlepiece in the room, where this gentleman slept, and I found under a bason three guineas, and three dollars.

Prisoner. Did not Margaret Johnson give you the money? - I found it on the mantle-piece.

Q. I gave it her to take care of, as I had done many times before.

Prisoner to Prosecutor. Was you sober enough to know, that you did not give me this money? - Yes, I was as sober as a judge.

REBECCA CARTER sworn.

On the 6th of this month, the prosecutor came to Mrs. Johnson's, and asked for a lodging, and they agreed for it; and he went into a room in the next house, it is Mrs. Johnson's house, she is a widow woman; and Robert Wilson gave me half a crown, and I was to give him six-pence back, and it was a bad one; he would not take it; I told him, I would bring him another by and by, presently, and he said, very well.

Q. Did you get another? - No. I went in doors again, and Mrs. Johnson told me to go and light Nance Madden into bed, because she was in liquor.

Q. Did Madden live in the same house? - Yes, she lived with Mrs. Johnson in the same house. Then I took a candle in, and put it on the table; she went in with me, and went to the bed-side, and took a few halfpence out of the waistcoat pocket, it was in the room where this gentleman slept.

Q. He was sleeping with another woman, was not he? - Yes, but there were three beds in the room. And then she went, and put her hand into the gentleman's coat pocket, and took out a pocket-book. I cannot say for how many guineas she took out, I saw three guineas; then she went and took his breeches from under his head, from under his bolster; and then she had the three dollars, and three guineas in her hand; after that, she told me to stay in the room.

Q. All this past in the room where this gentleman slept? - It did. I wanted to go out to the other house to Mrs. Johnson, and she told me to stop there; she left the room, and went into the next house, and I stopped in the room till she was gone; then I took the candle up, as I found she did not come back, to go to bed, and went out of the room, and locked the door on the outside, and went into the other house too; then when I went in to Mrs. Johnson's, she told me to go in, and go to bed; and I went into this room where this gentleman slept, and bolted the door with two bolts on the inside. Nance Madden did not lay in the room all night. In the morning when the gentleman awoke, about four o'clock, he found his breeches was gone from under his head; and when he found them, he said, he was ruined for ever, for he had no money in his pocket.

Q. Did the prisoner Madden, come into the room any more? - Yes, she came in the morning, and brought a candle for the gentleman to look for his money, about eight o'clock. She felt also in his coat pockets, and looked into his pocket-book; then he went, and knocked at Mrs. Johnson's door for a light, and this Nance Madden came, and went and got a penny candle, and brought him a light, and he did not find any thing.

Q. Was any thing found afterwards? - No, nothing, but the three dollars, and the three guineas. I did not see the money found. I did not know the money was found till Mr. Riley told the Justice.

Q. How came you to go and live in such a place as this? - Because my father turned me out of doors, and I used to go out, and sing ballads.

Q. Did you see company there? - I used to see people there, I was the servant of the house.

Q. To whom did you tell this story? - To Mr. Riley; before I was taken up, he called me on one side, and I told him.

Q. Had not he taken you into custody, and charged you with it? - Yes.

MARGARET JOHNSON sworn.

Q. Do you know who took this money? - I do not, I do not keep a house, I only keep two rooms; and I let out one room to the two girls; they pay me the rent. The house is all let out in separate lodgings. The landlord does not live in the house.

Q. Then had these two girls the compleat possession of this room? - They paid me the rent. This other girl that laid with the man, she took a liking to the room; I live in a separate room, and in a separate house.

Q. You say, you live in a separate house, to that let to the woman that slept with Mr. Wilson? - I do.

Q. So that she was compleat mistress of that house? - Yes.

Q. And she was the young woman, that laid with the captain? - She was.

Q. Now in the house where that young woman lodged, there were several other lodgers lodged? - No more than in that one room. That house has no more than that one room.

Not GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-25

93. ANN SAUNDERS was indicted for feloniously stealing on the 9th of January , two guineas, half a guinea, ten halfpence, and three shillings, the monies of Richard Hemson , in the dwelling-house of William Turner .

RICHARD HEMSON sworn.

I am a sea-faring man . This Ann Saunders , she is the girl I accuse of robbing me of two guineas and a half, ten halfpence, and three shillings in silver. It was last Thursday night, about the middle of the night.

Q. How did you get acquainted with her? - I was a little in liquor, but I was sensible. She being at my sister-in-law's the Thursday evening.

Q. Was she an acquaintance of your's before? - No.

Q. Where does your sister live? - In New Gravel-lane.

Q. Did you make acquaintance with her there? - She enticed me from my sister-in-law's to go to her lodgings, between nine and ten at night; she lodges just a few doors above, at Ratcliff-Highway, near my sister's.

Q. Did you go to her lodgings? - Yes, between nine and ten, and we went to bed.

Q. Was you both undressed? - Yes. I had two guineas and a half in gold in a purse, and five penny-worth of halfpence, and three shillings in silver.

Q. Where was this purse? - In my breeches left pocket.

Q. Where did you put your breeches, when you went to bed? - Under my head, and the three shillings was in my waistcoat pocket along with the halfpence.

Q. When had you last seen this money before? - Just at going to bed. I counted the money to her.

Q. How came you to count the money to her? - Because my sister-in-law followed me to the door, and told me,

Q. Do you mean to say, that you was quite sober after all this advice of your sister? How long had you been drinking that day? - I had not been drinking a great deal that day.

Q. Had you been drinking all day? - No. I had the share of two or three pots in the evening, that was all.

Q. When did you first miss your money that night? - I cannot justly say, I waked with cold, and she was gone. The clothes of the bed were turned down; my clothes were still abiding, they were there; I left the house in the morning at eight o'clock.

Q. After you first awoke, what time might you get up? - I cannot say, at that time, I first awaked, the mistress of the house was up; I called, and she came with a lighted candle, and I asked her, if she knew, where the girl was? I believe she is not here. I missed my money then, she said, she did not know any thing about it; she told me, if I made any disturbance there, she would have me turned out of the house; and as I had paid for the bed, I might stay, if I would be peaceable; so I set myself down by the bed-side till morning.

Q. You did not tell before, that you had paid any money for the bed? - I had paid the girl half a crown that I slept with, the prisoner.

Q. What did you do when you got up? - I got up, and asked her what recompence I should have for it? she said, she did not know any thing about it; so I made the best of my way down towards the shipping, to look out for more bread; and I met a shipmate, and he advised me to go back, and get an officer; I went, and got an officer; and we went after the prisoner, and we found her off the Unicorn, that was a few doors above the lodgings, Ratcliff-Highway.

Q. At what o'clock was it? - I believe, it might be between nine and ten the time of taking her.

Q. What past then, did you find any money? - No.

Q. Have you ever found any money? - No, never found any at all.

Q. Who is Catharine Johnson? - Here she is.

Q. Who does the house belong to? - To one Mrs. Turner, as I have heard, I don't know that of my own knowledge.

CATHARINE JOHNSON sworn.

That girl robbed the prosecutor; the girl said herself, that she had robbed him; I went to her to the Lock-up-house, I said, how came you to rob my brother, who has a wife, and two or three children? she said, she did not pocket the money.

Q. Had you told her, it would be better for her to confess? - I did not; the first thing I said, was, how came you to rob my brother? she said, that she did not pocket a farthing of the money, that Hannah got it; meaning I suppose, the landlady.

Q. What relation are you to Hemson? - He married my sister-in-law.

Q. Are you sure, that you heard what the prisoner said at the Lock-up-house, because you are very deaf? - I am sure, that was what she said.

Prisoner. I never said any such thing; when I was in the Lock-up-room, she came, and scratched me down the face, and abused me. I wish to know what fort of a house she keeps.

Court to Johnson. What sort of a house do you keep? - I have but a single member, and I have been three months lately in Scarborough.

Q. Do you know the house where Hemson slept with this girl? - I know the house, it is in New Gravel-lane, not far from me; she says, Will Turner keeps it; he kept it, and he has let it to this Hannah for a guinea a week.

Prisoner. Ask her, how long it is since her first husband and her son was hanged.

I was in bed with that man, but I did not take a farthing from him.

Not GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-26

94. SAMUEL ROUSWELL was indicted for feloniously making an assault on the King's highway, on Richard Barrobee , on the 17th of December , and putting him in fear, and feloniously taking from his person, and against his will, a silver watch, value 4l. a steel watch chain, value 3s. a metal watch key, value 2d. the goods of the said Richard Barrobee .

RICHARD BARROBEE sworn.

I belongs to the King's chapel, St. James's ; I am a deputy yeoman . It was on the 17th of December, I was robbed by this man, I believe it was on a Tuesday, about six o'clock in the evening, as I was crossing over this hither side of Piccadilly ; I was got about three parts over, and suddenly I was surrounded by, I believe, half a dozen people; I did not know any thing of them. And two, one held me by one arm, and the other, by the other arm, and there were others. behind me, and others before me, and I was pressed very much, and had no liberty to move; one seized me by the right arm, and the other, by the left arm; and I was turned round by them, with my back towards the people; and the person who had hold of my left arm, who was the prisoner at the bar. I believe, it is the same person. I am pretty sure it is; he stooped down, and in an instant almost, he took my watch out of my pocket. I saw him stoop, I did not see his face then; I felt him pull it out.

Q. Do you mean to say, that he was the man that pulled the watch out, or did you only feel it pulled out? - The man that had hold of my left arm pulled the watch out, and I believe, it was the prisoner; the man that had hold of my right arm, he confined me, and held me; I cried out, stop thief! instantly, I had no other remedy the moment, and he ran, he fled immediately, I had a view of him.

Q. Did you see his face at any time? - I did not, he concealed his face, and stooped down, when he robbed me.

Q. Did you see his face when he ran? - He ran from me to the eastward, and I only see his hinder parts; and I had a view of him, till he was stopped by the patrole; his companions fled to the westward, if he had taken the same road, I had not seen him. I saw him stopped.

Q. How came that man to stop him? - I cried out, stop thief! The man was brought to a Hosier's shop, the corner of Bond-street, and there he said, his name was Foster, and that he was a coach-maker by trade, and then worked for a master in Queen-street, near Lincoln's-inn-fields; after that, he was taken away by the patrole, and I saw no more of him; and I was ordered to attend at Bow-street on the morrow.

Q. Was the prisoner searched? - I don't know, whether he was, or not. But no watch was produced, I believe. I did not see him searched.

Q. Have you ever seen your watch since? - I have never heard of it, nor seen it.

Q. Whether you are perfectly sure, when the prisoner made away from you, that you never lost sight of him, till he was taken by another man? - There was not a great croud about me, only six, I believe, them to be all of a gang; but when I cried, stop thief! they all dispersed immediately, and this man, he sled by himself; I took particular notice of him; he left his companions; had he fled with his companions, I should not have discovered him. I am sure, that the man that fled by himself was the man that was taken. I believe on my conscience, that he took the watch, and I believe on my conscience, that, that man before robbed me of a watch chain. When he came into the stocking shop, I said, I was sure, he was the man, though he concealed his face. I had no doubt at that time, nor have I any now.

Prisoner. When I was taken into custody, he said, it was a shorter person than what I am, that robbed him of his watch? - No, I did not say any such thing, I am certain of it, I said he robbed me, and I was certain of it.

Q. There were several people at the time, when he said, that a shorter man than me robbed him? - I insist on the contrary.

Q. The gentleman says that I never was out of his fight till such times as I was taken, I was taken about ten minutes after this robbery was committed, I was brought into the shop where this gentleman was, and he said he could not swear to any body at all? - I believe it might be ten minutes when he came, but I saw him stopt at the corner of Duke-street, but they could not take him till he run a little further from thence, as I understand.

Court. You was robbed near Bond-street? - Yes, on the further side of Piccadilly, on the foot way.

Q. How do you mean on the foot way? - I mean the cross way; I see him run to the eastward, towards St. James's Church, and I see him stopt at Duke-street, but I understand he was not taken there.

Q. What distance might you be from Duke-street, where he was stopped? - About two hundred yards.

Q. Did he run or walk? - He ran very swift all the way, I saw him.

Q. How could you see him run in Duke-street, Duke-street is at the right? - I was not at the taking of him, I never lost sight of him till he was at the corner of Duke-street, but he ran farther before he was taken.

Q. Then during that interval from Duke-street to where he was taken, did you lose sight of him? - I did.

Q. I understood you before, that you saw him taken, that makes a deal of difference? - I see him as far as Duke-street, from the place where I stopped, and he was stopped there, but he ran further, and he was brought back to the hosier's shop, a very short time after he robbed me.

Q. Now I must again put the question to you, and ask you this, as you did not see the man's face, and he was out of your sight for some little time, will you venture to swear positively that the man that was brought back, was the man that robbed you? - Yes, because I took such particular notice of his binder parts.

Q. Do you remember what his hair was? - His hair to my remembrance was locks.

Q. Do you remember whether it was powdered or plain? - It was not powdered.

Q. Was it a great coat or a common coat that he had on? - It was a light coloured coat.

Q. Do you remember whether he had boots on? - No, he had no boots on, for his legs were very taper, and his stockings were not so light as his coat.

Q. Do you know who stopped him at the corner of Duke-street? - It was one of the patroles.

Q. Did they lay their hands on him? - I don't know, I saw him run down Duke-street.

Q. You have told us before, half a dozen times over, that he was stopped at the corner of Duke-street? - I saw him stopped at the corner of Duke-street, but he went on again.

Q. Did any man lay his hands on him at the corner of Duke-street? - I cannot say.

Q. Then you will not swear that he was stopped, and you did not stop him? - I saw him stopped at the corner of Duke-street, and he went on again; it was an elderly man that stopped him, and he then took another course.

Q. Do you mean to swear that you saw an elderly man stop him, at the corner of Duke-street? - I do, but not one of these men that are here.

Prisoner. When I was brought into the shop I was searched, the gentleman said that he could not swear to my person at the time, that it was a shorter person than me that robbed him? - I said I did not see his face, when he robbed me, and I could not swear to his face but I certainly thought he was the man from the view that I had of him.

Q. Did not the patrole tell you that you must swear to me? - No, the patrole said nothing to me.

Court. Did you always insist on this, that you believed him to be the man? - I did not only believe, but I was certain that he was the man that robbed me.

Q. When he ran had he any hat on? - Yes, he had a hat, I think it was a cocked hat, but I am not certain.

Prisoner. He said that he did believe me to be the person, and he wished the people to let me go? - I never said so.

JOHN RICHARDS sworn.

I keep two hackney coaches, and post chaise; I live over the stable where my horses are, I was taking up two gentlemen and a lady, on the 17th of December, I had an hackney coach, the gentleman ordered me to drive to the corner of Piccadilly, to a hosier's shop, I drove there, as I was getting off my box, I heard somebody cry, stop him! stop thief! the hosier's shop is right in the corner, as you go towards Hyde Park-corner, the corner of Bond-street, I saw two in a scuffle as I was getting off my box, immediately the gentleman halloed out coachman! coachman! open the door, immediately I turned back and opened the door, the scuffle was almost close to my horses, very near the side of the corner of Bond-street, Piccadilly, I let the gentleman down, I see a person run away immediately in a light coloured coat, he seemed running across the street, I never see his face, the gentleman discharged me, and paid me, it was six o'clock in the evening, and I put my coach in the rank, and when the patrole had catched the person, they came to me to know whether I thought the person was the man that ran away.

Q. How soon did they come to you after the man had been running? - I suppose in about ten minutes they fetched me into the shop to look at the man, to know whether I thought it was the person, I did not see his face while he was running, but I think it was the man, from the view that I had of him.

Q. Can you say that it was the same man that you saw running that was brought into the shop? - It was a man in light coloured coat that ran away, and it

Q. Can you say whether you have any belief about it, one way or the other? - It was my opinion that I thought it was the man, as they took him immediately.

JOHN CHAPMAN sworn.

I am a patrole. Please your lordship and gentlemen of the jury, on the 17th of December we were walking along on the right hand side of Piccadilly just as we got near Bond-street, I heard the word, stop thief! stop thief! Rivett's and Skeates were with me, we were just past Duke-street, a few yards on the right hand side, towards the corner of Bond-street, and that side of the way; momentarily I said to my partner that was behind me, look out, for there is somebody coming, as soon as we saw him coming we made over the way, and endeavoured to stop him just at the corner of Duke-street.

Q. What did you see before you got over the way? - I see him run as fast as ever he could, on the left hand side coming towards Duke-street, on the opposite side to what I was, we crossed over very fast after him, just as we came to the corner of Duke-street I was very nigh to him, but I had not hold of him, by the reason of the buckle of my shoe flew out of my shoe, and I could not make the speed to overtake him, by that, one of my fellow servants followed him, and when he got down into Jermyn-street there he was stopped.

Q. You see a man in Piccadilly, you then see him in Jermyn-street, did you lose sight of him till he was taken? - I never lost sight of him, from the first time I saw him in Piccadilly till he was taken.

Q. And then you took him, or see him taken? - We found we could not make speed to catch him, we hallooed out stop thief and he was stopped, and we took hold of him.

Q. Was you one of the men that stopped him in Jermyn-street? - Yes.

Q. In what manner did you stop him? - We stopped him in the street, and brought him back, Rivett's, and I, and my partner, Skeates, we took him to the corner of Bond-street, to the shop.

Q. How did you find out the person? - We were told by people that called out.

Q. You did not see him near the prosecutor at the time of the running? - No, I did not.

Q. Where did you find the prosecutor? - In the shop, he was at the corner, brought in, and he said when the prisoner came in, that he was the man that took his watch, that was in the hearing of the prisoner.

Q. Did he always insist on that, that he was the man that robbed him? - He said, he had no doubt at all but he was the man.

Q. How was the prisoner dressed? - In a light coloured coat, he had a pair of dark coloured stockings on, I did not observe any thing particular else.

Q. Was he searched? - He was, in the shop, there was nothing found on him, I asked him his name when I searched him.

Q. Was the watch ever found? - Never as I heard of, all that I have to say, I asked him what he was? I knew his features, though I did not know his name, he said his name was John Foster, and he worked in Queen-street.

Prisoner. I wish to ask the person standing there, whether he did not tell the magistrate that his buckle flew out of his shoe, and that he was obliged to stop, and never came nigh me till such times as I was taken? - I told the magi

strate I could not catch him at the corner of Duke-street, because my buckle fell out of my shoe, but I followed him, and he never was out of my sight.

JOHN RIVETTS sworn.

I am a patrole belonging to Bow-street; I was at the cry of stop thief, on Tuesday, the 17th of December, about six o'clock in the evening, we were walking up the right hand side of Piccadilly, I heard the words of stop him! stop him! stop thief!

Q. How far might you be from crossing over from Bond-street? - About an hundred yards of this side of Bond-street. Chapman said there is somebody coming, look sharp, I stopped momentarily I heard the word stop thief, presently I saw the prisoner on the foot pavement, running very swift, he was running the left hand side, the opposite side, I did not see the prosecutor there.

Q. Whereabouts might the prisoner be, from the turning of Duke-street, when you first see him? - When I see him he might be fifty yards of the other side of Duke-street.

Q. Supposing you was to cross over to the other side of Piccadilly, how far was the prisoner from Bond-street, I don't want you to allow for crossing over of the street? - He might be a hundred yards, I followed him down Duke-street, and he ran in Jermyn-street, and there I came up to him.

Q. Did you ever lose sight of him from the first time you saw him running? - No, I came up to him in Jermyn-street, I did not stop him, a man ran before him, and I was up that instant, and had hold of his right arm, that man gave him a check, and that moment I went up and took him into the stocking shop.

Prisoner. When I was first taken a master butcher and a gentleman's servant took me, I knew nothing about this man at all, and he knows nothing at all about me, this man came up afterwards, and they took me into custody.

Court to Chapman. Were not Rivett's and skeates the men that in fact laid hold of him? - No, my lord, Skeates was not up, Rivett's and I took him, we were the first that had hold of him to bring him back.

Q. The question I ask you now is who was it laid hold of this man in Jermyn-street first? - Rivett's was the man that had hold of him first.

Q. I asked you over and over again who stopped him, and you insisted on it that you stopped him, now it comes out Rivett's stopped him.

Rivetts. I detained him, I had hold of his right arm.

Prisoner. Neither of these men were nigh me for ten minutes, a master butcher and a gentleman's servant in livery, were the first that had hold of me.

SAMUEL SKEATES sworn.

I am a patrole, I see him run across the street, the corner of the street taking the the other side of the way.

Q. I want to know exactly the spot which side of the way was it? - I saw him running across the street, I was the foremost man, he run across the way, and turned down Duke-street, I did not see him after he turned Duke-street, I lost sight of him, but they being behind me were first up.

Q. Are you sure that the man that you saw in the care of the other man was the same you saw running in Piccadilly? - I cannot positively say, I believe him to be the same man.

Q. Did you see his face? - I saw the man running.

Q. Cannot you answer whether you saw his face or not? - I did not see his face.

Q. Was that the description of the man that was afterwards taken in Jermyn-street? - Yes.

Q. When you saw him afterwards did you believe him to be the same man, you saw running in the street? - I did believe it was the same man, I have not a doubt but it is the same man, I searched him afterwards in the shop, the prisoner is the man I searched, and that is the man that I believe was the man that was running, there was nothing found on him at all.

Prisoner. I cannot say no more than that I know nothing about this business what I am charged with now; I come out of the country only of the Monday, at Paddington I dined on Tuesday, I got myself into employ and work, and I was took as I was coming along, it was quite totally different to what they tell you, I was taken by a master butcher and a gentleman's servant; none of these people were nigh the place at the time when I went into the shop, the gentleman said it was a shorter person than me that robbed him, I am as innocent as a child unborn of the affair that I am challenged with now, I had a master here yesterday, that I worked for in Oxford-road, but he is not here now.

Court to Barrobee. Were the lamps alight at this time? - Yes, I had the benefits of the lamps, because there was a coach standing at the end of Bond-street, which darted the light.

GUILTY . Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-27

95. THOMAS WEST was indicted for feloniously and burglariously breaking and entering the dwelling house of Francis Young , about the hour of twelve in the night, of the 17th of December , and burglariously stealing therein a cloth coat, value 3s. the goods of the said Francis Young.

FRANCIS YOUNG sworn.

I live in apartments, in a gallery, the landlady lives in the same gallery, at some distance from my apartment, but it is all one connected building; I went to bed on the 17th of December, and I was alarmed in the night, between twelve and one, and I got up on that alarm, and went out into an adjoining house, in an adjoining room, and in an adjoining window that connected with my apartment, I saw the prisoner, and he was detained by the skirt of his coat, that he could not get away, and when I got to him I took him, I found he had put my coat on under his own coat, I have had the coat eighteen years, I can swear it is my coat, the coat was taken off my bed.

- sworn.

I am an hostler, I was going by, and I saw the prisoner come out of this man's parlour window, between the hours of twelve and one in the morning, I went to him and laid hold of him with my right hand, and asked him what business he had there? immediately I called out for assistance, and the prosecutor came out of his bed; and the skirt of the prisoner's coat catched hold of the window somehow, and he could not get off; he had the prosecutor's coat under his own coat, we took it from him, and I have had it in my possession ever since.

Prisoner. I was going along this gallery, I had no where to sleep, and I saw this coat lay and I picked it up, and that man came up to me, and asked me what I had to do with it? I told him what was

that to him, and he called Mr. Young, and told him I had come out of a window, and they took me to the watch-house.

GUILTY.

Of stealing but not of the burglary.(Aged 22.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-28

96. JOHN CHAPPEL was indicted for stealing on the 7th of January , seventy-two half round files, value 15s. seven hundred and twenty-three square files, value 15s. the goods of William Hurst .

WILLIAM HURST sworn.

I am a manufacturer of sawyers and carpenters files , I have been robbed at different times for this four months back, the prisoner lived servant with me, he was a kind of a porter, to clean out the files, pack them up and mark them, with the name on them. On the 6th of January I was out of town, at the time there was a person gave information at my house that this Chappel had these files in his possession, which he supposed to be of my making, as he knew I had been robbed, word was sent down to me, and consequently I came to town the morning after, and I went and looked in a drawer where there was a parcel of files, on the 7th of January, and I found a parcel missing, I suppose there were twenty dozen in a drawer; they were half round files, and three square files that I missed.

Q. Where was this drawer kept? - In the shop.

Q. Have you ever been able to find them again? - Yes, I see them at the justice's office, in Hatton-garden.

Q. What time did you see them? - On the 9th, between twelve and one; the three square files were taken out of a cupboard in the house, and the half round files out of a cupboard in the shop.

LEMON CASEBY sworn.

I am a constable belonging to Hatton-garden office. On Monday the 6th of January there was a search warrant granted at our office, and I went and searched the prisoner's lodgings, he told me himself they were rooms where he slept, I found these files in a tub, under his bed's head, I took the files and brought the prisoner to the office, I have had the care of the files ever since.

Q. How came he to tell you they were in his rooms? - He said he bought the files in Rag Fair.

Q. How came he to tell you they were in his rooms? - He did not tell me they were in his rooms, we were talking as we were going to the office about something or other, that was the way it came out; here are six files which I found in a box of his, which are finished files.

Court to Prosecutor. Are those six files found in the box in the indictment? - Yes, they are all in the indictment, they are half round files, on the half round files I put a single H. on the tang of them, the letter is struck on the steel.

Q. Does that appear on all these half round files? - No, not on all, about half a dozen of them, the others I know from the work.

Q. The three square files what do you say to them, are any of them marked? - None of them are marked, none of these were finished, I know them by the particular make, they are cut particular to any other, I am the original maker of them in this form.

Q. Do you believe them to be your's from the work? - I do, I have no doubt at all.

Prisoner. I was going one day to buy a coat and waistcoat, and I saw these files laying on the ground, and I asked the gentleman the price of them, and he asked me ten shillings; I went to buy me a coat and waistcoat in Rag Fair, I bought them of him, I had them in my possession a considerable time; some time after that I hired a shop in Play House-yard, to harden these files, they were unhardened when I brought them; I observed the prosecutor say that the files were taken away in January, there is sufficient proof in the house where I lodge that I have had them a considerable time before that time.

Prosecutor. I do not say that I lost them in January; I missed them in January, but I have lost files several times before this.

Q. Did you miss any that were finished files? - Yes, I have.

Q. Had you missed six? - I had missed a great many.

Q. When he was taken up he was then in your service? - No, he had left me about a week.

GUILTY . (Aged 20.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-29

97. LYON LEVI otherwife LEVY LEVI was indicted for that he, on the 25th of November , a piece of false seigned, and counterfeit money to the likeness of a halfpenny, unlawfully, and feloniously, did make, coin, and counterfeit .

Indicted in a second COUNT with feloniously, making; and coining in like manner a farthing.

(The indictment was opened by Mr. Cullen and the cafe by Mr. Feilding.)

JOHN COOKE sworn.

I am an officer of the police; I know the prisoner at the bar, he lives in the parish of St. Botolph, Aldgate, in Lower East Smithfield. On the 25th of November last, I went to a house in Lower East Smithfield , from the information I received there was coining there, I went about seven o'clock in the morning.

Q. Was it the prisoner's house? - I cannot say that, he was there; I, in company with West and Riley, went into the barber's shop, they are two officers belonging to the same office; the prisoner at the bar was in the shop, and another man, standing by the fire.

Q. Where did you find them in the barber's shop? - Below stairs.

Q. Is the prisoner a barber? - Yes, I told him to shut his front door, he said he would, but desired I would not make a noise, I told him I had information that there was coining in his house, supposing it to be his house; immediately we secured the man that was standing by the fire and him, and took them along with us; we took them both into the back room on the same floor; in the interim of time there came a third man to the back door.

Q. Describe that back door? - There is a passage that leads through by the side of the shop, and there is a door behind, but you must come in at the front door first before you can come to the back door; on the right hand is the door of the shop, and then you go along the passage by the door of the shop. He came into the back room, into the same room where we were and we secured him. I acquainted the prisoner that we must find the cellar, I asked for the key of the cellar door and which way we should get in it? he hesitated some moments, but at last he went up stairs as I thought to bring the key, but he came down without it, in about a minute not exceeding more; then Mr. West insisted he would tear the floor open

if he did not shew him the way into the cellar; says he, hold your tongue and I will, he then opens a closet door, in the same back room where we were, and shews us a trap batch door at the bottom of the closet, we then lifted the trap batch up, there was no stairs to go down into the cellar, but a chair at the bottom; I dropped down on the chair with a candle, and there I perceived the implements for coining which I now produce; these two dies I found in the press, these farthings I found some in the box and round the press; the other dies were about the press, close to the press, and I found a quantity of blanks, I suppose they were for halfpence, and likewife a quantity of blanks for farthings; I then put them all together and proceeded to take down the press and get them up in the back room, in the mean time the prisoner at the bar escaped, that is all I can say.

Q. Did you go up stairs? - I did.

Q. Who did you find there? - I did not go rightly into the room, I saw a woman and some children in the bed.

Q. There is a further door at which the third man came in, did it go into the shop or only into this back room? - It goes into the back room, and from thence into the shop.

Q. Between the back room and the shop there is a door that communicates? - There is.

Q. Is there any light at all, except what you carried down, in the cellar? - No, there is nothing but a front place that they may open, which comes into the street.

Q. The door that communicates with the shop was not locked? - It was not.

Q. Do you know how long that man had lived there? - I do not.

Mr. Knapp. You have told my lord just now that you don't know whose house it was? - I do not.

Q. Do you know whether the man, the prisoner at the bar, was a journeyman or a master hair dresser? - I do not.

Court. Did it appear to you that the man was carrying on business for himself there? - It did.

Mr. Knapp. Did you understand that he had a room up stairs? - I understood that his family was up stairs.

Q. He was an hair dresser you know? - He may be an hair dresser for what I know, I know he shaved a man while I was there.

Q. There are two other tenants in this house I understand? - I understood there were some people up stairs.

Q. Did you understand at the time that all the part of the house that this prisoner had, was the shop in which he performed his business, and that his bed room was up stairs? - I understood that he occupied the whole, being the landlord he might let it out.

Q. We understand then that he was the very person, when you told him your business, that gave you all the information; he went down with you in the cellar? - No, he did not.

Q. Did all the officers go down at that time? - Only me and Mr. West, John Riley was left up stairs.

Q. You have been speaking of three men, one of them came in at the back door, and another was sitting by the fire, do youknow whether these men occupied any part of that house? - I do not know either way.

Q. One of my learned friends asked you just now, whether there is not a communication between the shop and back parlour? - There was, they were both on a floor.

Q. Whether he occupied that parlour or had let it out you cannot say? - I cannot say.

Court. I understood you to have told us that West insisted on rising up the floor, if the prisoner did not shew you the way into the cellar; and with that the

prisoner said hold your tongue, and that he, the prisoner, opened the closet door, and shewed the hatch; nobody else shewed it? - Nobody at all.

JOHN WEST sworn.

I went with Cooke and Riley the 25th of November, to search the cellar under this man's premises.

Q. Does it happen to you, to know any thing of the prisoner? - I know that he occupied them premises for many months before; I can say, ten; I know he acted as master of the shop, and he even told me so himself, in the summer time.

Q. Now on this day when you went, tell us what you have done, or what you did? - I went into the shop in the morning about seven o'clock, he was sitting by the fire with one that we suspected to be one of the coiners; I knew him to be a Jew, and knew him well; I took the candle that was burning out of the sconces, and could not find any door to enter into the cellar; I was a little struck at that; I insisted on knowing the way into the cellar, and the cellar door that came out into the street was barricadoed up. It was a slap barricadoed up altogether, fastened on purpose to work by candle all hours of the day; we saw a glimmering of light the Sunday evening before, and they were at work as we imagined. This was Monday morning we found them. On Sunday evening, passing by here, we observed the glimmering of a light, we went on purpose then to make the search. I was desirous of finding the way into the cellar from within; as soon as I insisted on going down, or pulling up the floor, the prisoner said, be easy and quiet, you will hurt my business, and pointing to the two men, signifying that they were the two coiners; the one that sat in the room inside, and the other that was by the fire side when we came in, and said, you are right, he went up stairs, and down again, in less than a minute, and when he came down, he opened the closet door, which was in the room, where he, and his family cohabits and lives.

Q. What part of his family were on the premises? - I don't know, he has got a wife, and a child or two, I believe.

Q. Was his wife there? - Not then.

Q. At any time before, did you ever know his wife to be there with him in that room? - I cannot say, I did. When he came down, he went to this closet where the drop door was, and he opened the drop door to the best of my knowledge.

Court. Was it fastened by a lock and key? - No, it opened without.

Q. Was there any lock to the closet-door, out of which closet led to the trap-door? - Not that I saw. Cook went into the cellar with me.

Q. What became of the prisoner, did he come down into the cellar with you? - No. We staid in the cellar, I suppose, twenty minutes; I cried out to Mr. Riley, stop them two men, don't suffer them to make their escape! The prisoner, however, made his escape; the other man, we took before the magistrate. And I found these things in company with Cook, and a great deal more.

Mr. Knapp. You have been in court while the other witness was examined? You heard what he said? - I did.

Q. You heard him, perhaps, say, that he did not know, whether this back parlour belonged to the prisoner, or no? - I know his wife lighted a fire before I came away.

Q. Did not you understand that where his wife and family lived, was up stairs? - I don't know that, I understood that he kept the whole house, and let it out in lodgings.

Q. Did not you understand, that he had a room up stairs, where his wife and children were? - I never was up stairs. I understood him to keep the whole house.

Q. Then, whether he occupied the back parlour, you don't know? - I have seen him there many a time, it looks as if he occupied it.

Q. Perhaps, it looks as if you would have a reward, if these men were convicted? - I know nothing of a reward. I know it now, you have told me.

Q. With respect to the room? - His wife was not there then. There were some women that came down, his wife, or his sister, for what I know.

Q. You immediately told the prisoner what you came about, that there was coining in the house? and then he said, be easy, don't hurt me? - He said so, he was about two yards distant from me. Hush, says he, be quiet, and I will let you know, and then he pointed to the two men.

Q. Those were the two men that were given in charge? He himself pointed to the trap door which led to the cellar, and every thing where the things were found? there he staid, and shewed you? - Because he could not help himself, and because it could not be there without his knowledge; if he had not, I would have pulled up the floor; I went up with that intent.

Q. However, he did tell you, and shewed you where you wanted to go.

JOHN NICHOLS sworn.

Q. Be so kind as to look at them particular things, and explain them before the Jury? - The farthings are counterseits; there can be no doubt, but these dies are what stampt the farthings. There are no halfpence finished, only cut out into blanks.

Court. Is that apparatus completely sufficient for the purpose of coining halfpence and farthings? - They are compleatly sufficient.

Prisoner. I have nothing to say further, than that I work for Mrs. Bare, at hired work, and she pays me fourteen shillings a week; that is all I can say in my defence.

Mr. Knapp. I think, this is not evidence sufficient to go to a jury; there is no evidence of the back room being his.

Court. I think there is sufficient to the judge's satisfaction.

GEORGE DICKSON sworn.

I know the prisoner at the bar.

Q. Do you know any thing of any house of Bare, and where is it situated? - I am rent gatherer of an estate in Upper East Smithfield.

Q. Do you gather rents at a house, where the prisoner has an apartment? - I do.

Q. Who do you get the rent or taxes from? - From Frances Bare, her husband's name was Lewis Bare, and after he died, she has kept the house on, and I have received the rent of her.

Q. You have not received rent of any other person but her? - I have not.

Q. Will you be kind enough to look at these receipts? - They are my handwriting.

MARK LETTICE sworn.

I know the prisoner at the bar.

Q. Where does he live? - In Haydon-yard in the Minories.

Q. Do you know where the prisoner used to work? - In Mrs. Bare's shop.

Q. Do you know, whether there are any other tenants in the house? - I don't know who lived there.

Court. Pray, is Mrs. Bare living? - Yes.

Q. Do you know what part of the house the prisoner occupied? - I don't know that he occupied any other place, no farther than he shaved there.

a glass-cutter. I know the prisoner at the bar, he had the first floor at Mrs. Bare's in East Smithfield, he was a hairdresser there; he took the premises of Mrs. Bare; he was journey man to Mrs. Bare.

Do you know where his wife and family were? - I do not.

Mr. Cullen. You say the prisoner occupied the first floor? - Yes, he did.

Mr. Knapp What was his character? - A hard working young lad.

HENRY MOSES sworn.

He used to buy things at my shop, and paid me very honett; he is a journeyman barber .

GUILTY . (Aged 21.)

Imprisoned in Newgate for twelve months and fined 1s.

Tried by the first Middlesex Jury before Mr. Justice GROSE.

Reference Number: t17940115-30

98. THOMAS WHELLUM and THOMAS MILLER , were indicted for feloniously making an assault on Elizabeth, the wife of Lewis Lloyd , on the 20th of December , putting her in fear, and feloniously taking from her person, and against her will, a flannel petticoat, value 3s. a cotton handkerchief, value 1s. 6d. a linen handkerchief, value 6d. a linen apron, value 1s. 6d. a silk bonnet, value 6d. an iron key, value 1d. and 2s. in money , the goods, chattels, and monies of the said Lewis Lloyd .

(The witnesses examined separate by the prisoners desire.)

ELIZABETH LLOYD sworn.

On the 20th of December last, I went to enquire for my husband at a Mr. Brown's, he lives in at a place called Pelican Stairs, down at Cox's-lane, it was between eleven and twelve in the day; I went to see if my husband was gone to Wapping, I did not find him there; two men were there, the prisoners at the bar. I am quite sure, they are the two men Mr. Brown's is a public house; one of them told me, that he knew my husband, and that he had worked along with him three or four days, Thomas Whellum told me that; he told me, that he expected my husband was coming into the house; I told him, if I thought my husband was coming into the house, I would stay half an hour, and wait upon my husband. I came out of the house to go home at the end of the half hour, and they followed me out; they asked me, if I would go, and have share of a pot of beer? they expected my husband every moment; they asked me to go into the sign of the Crown, in Fox's-lane, to take a part of a pot? and I did go in, and sat down, and I went out, and came back again, and I found them both there.

Q. How long was you out in all? - When I came back, that man, Whellum, told me, that he was sure my husband was coming, and he insisted I should wait for him; I told them after wards, I would go home, it was then about three o'clock; because if my husband went home, I had got the key, and he could not get in; I went; they followed me out of the house, both of the prisoners. We staid there till about eight o'clock; in coming out to go home, the landlady of the house, asked this prisoner in the brown coat, Whellum, whether he should see me safe home to my own husband? he said, he knew my husband very well, and it would be no trouble to him at all, to see me safe home to my own husband. I went up, to go home the broad way near the church, up Fox's-lane, both the prisoners were with me. When I went up the

street, I knew my way to my own house, and they told me, they would take me a nigher way home; they took me up into David's-lane, and from there, they told me, they would take me a nigher way; and they took me into a rope ground, which has no thoroughfare. When I came there, one in each hand drove me down the steps, both of them. They asked me, what I would give them, if I had got any money about me? I told them, I had two shillings in my pocket, I would give it them, if they would let me go home to my own place to my husband; it was between nine and ten at this time; they cut my pocket off, and took the two shillings, I cannot say which. One held me, while the other took them from me. I had nothing but the two shillings in my pocket, and the key of the room; they took my bonnet, my handkerchief, and apron, and cut my under petticoat off; the man, Whellum, in the brown coat, stripped me of my things, and the other held me. I asked them, why they served me so? and they knocked me down, and ran both away together; I called out, murder! for some time, and I saw nobody coming, and at last, a young man came, and took me up first, and a woman came to assist him, and they took me home to my husband's place.

Q. When did you see your goods again? - I saw them a week after that, almost a week, on a Thursday, it was a Friday they robbed me, and Thursday next the goods were found, the two officers found them going to be pawned; I saw them in the hands of the officers.

Q. You did not, of your own knowledge, know what became of the goods, till you saw them in the hands of the officer? - I did not.

Q. Is that all your know of the matter? - That is all.

Q. Tell me how you passed your time from ten o'clock in the morning till eight at night? - I went there about twelve in the day, to Mr. Brown's, to enquire for my husband, he is a labouring man, he works on board a ship, I drank a little with the two men, I was not all the while with them, I was twice out and in, I cannot say how long each of those times; I was twice out, if not three times; the first time half an hour; the second time a quarter of an hour; and the third time the same.

Court. All the three times together would make about an hour; therefore there were seven hours spent in the two public houses.

Q. How much liquor had you drank? - I don't know what was drank, I did drink along with them.

Q. You was hardly sober when you came out of this house? - I don't know what they were about, and the fright made me sober if I was ever so drunk, when they stripped me and told me they would murder me.

Q. What did you drink, gin or beer? - There was both gin and beer drank, I cannot say how much, two or three pots called for to my knowledge, but there were more people drank along with them than me, I did not drink much of the beer.

Q. How much gin was called for? - A quartern of gin when they came in, and a quartern when they went out. I had two glasses of gin, and drank some beer.

Q. Where was it you received the blow, that knocked you down in the rope ground? Whereabouts on the body? - On my cheek.

Q. How long have you lived in this part of the country? - Five years; I came from Scotland.

Q. Are you sure that you was perfectly sober at this time? - I was drinking along with them, and I was sure that they meant no good in keeping me. I was not so drunk but I knew

Jury. Why did you go with them if you was afraid of being knocked down by them? - They told me that they would see me home, and they would not use me ill; I was afraid of going along with them, when I went out of the house.

Q. How comes it, as you was desirous of getting home in the day time, that you did not go home, as you had the key in your pocket? - This prisoner in the brown coat said, that he was very well known to my husband, and that he was coming in every moment there.

Q. Did they keep you there seven hours in this manner? - I was not seven hours with them; it was twelve o'clock when I got there, and I went out.

Q. If you felt a pressing desire to go home to your husband, why did not you go home? - I said that I wanted to go home several times.

THOMAS ABERLEY sworn.

I am the constable of Shadwell police office. On the 25th of December, I was applied to by one Lewis Lloyd, who informed me, that his wife had been robbed a few days before, by two men, and that he knew where to find one of them then; accordingly I and Webster went along with him, and called at a house of Mr. Ramsey's, he keeps a public house, the bottom of Fox's-lane, Shadwell, where Lloyd's wife was at that time, he told us the house where we might very likely find one of the men; we went into the house and saw a man, answering the description that he gave, it is situated near the end of Wapping Wall, very near the other public house. I found the prisoner Whellum there, standing by the fire; the woman came after us and pointed the man out, and said, that is one of the men that robbed me; the woman went back to her husband; we took Whellum into custody, and called at Ramsey's as we were going to the office, to take her and her husband up with us to the office, and I found this bonnet and apron at Whellum's house, here is one callico handkerchief, and another silk one, and one flannel petticoat, I found at the pawnbroker's.

Mrs. Lloyd. They are all my property, I bought them and paid for them, I made my apron, and petticoat, and handkerchief. They were the things that were on me the 20th of December.

Aberley. Whellum's wife informed me, that she had sent a woman, of the name of Last, to pledge the handkerchief, petticoat, and apron, at a pawnbroker's, in Whitechapel, but could not tell where. I found her at a pawnbroker's, nearly opposite the London Hospital, in the Whitechapel-road; I happened to go into the right pawnbroker's shop, where I found the woman offering the things to pledge, the pawnbroker had got the handkerchief in his hand then, and informed me that she had asked three shillings, or three shillings and six-pence for them; I see they were the property as was described, and I took her into custody, and took the goods.

GEORGE FORRESTER sworn.

On Thursday the 26th of December, the prosecutrix's husband came to the public office, Shadwell, and said that his wife had been robbed, and from the information that his wife gave we suspected one of the people; accordingly we went to one Mr. Brown's, in Fox's-lane, Shadwell, and we see this man siting by the fire side; accordingly we brought him to the public house where this woman was, and she said he was one of the people; according to that he did

not say any thing at all concerning any property, till we said we were going to take him up to the justice's, to account for himself; then he said he had it safe at his house, this was Whellum; and he said that he gave the other man a shilling (because the other man wanted the property) on purpose to take them home to his own house. Mr. Aberley, some time after that, asked him where he lived? and he told him, he gave the right direction; we went then, and we asked his wife where such things were? she denied them; says I, I am come from your husband, and I must have the property, and she opened a chest in the room, and we found this bonnet and this apron; his wife said it was not her bonnet, that it belonged to the woman that was gone to pawn the other things; I stayed in the house while Mr. Aberley went and brought the woman back with the other things. He in the smock frock, Miller, was taken on Saturday following, between five and six, in a lodging house, and accordingly the justice asked him what he had got to say for himself? he said it was not him that robbed the woman, it was the other man.

DINAH LAST sworn.

Q. Was you sent, in December to a pawnbroker's, by any body? - Yes, I was sent there the Thursday after Christmas, Thomas Whellum 's wife asked me to go and pawn an handkerchief and a petticoat; she asked me to do this in a house that Whellum lives in; I was a lodger there; I went to pawn them near the London Infirmary, I don't know the pawnbroker's name; I went and asked half a crown on the petticoat, and one shilling on the handkerchief. After I had asked that, before the people could give me an answer I was taken into custody by the officer, Thomas Aberley.

JOHN PARKER sworn.

I am a rope-maker; I work with William Sims . I was in at Mr. Rayner's house, St. George's, Middlesex, a public house, and a fellow servant of mine came and called me out, there was some body crying murder! I went out, after I came out I heard some body halloo out murder! and I went down the rope ground, Mr. Thompson's, and I went down the steps, and I saw a woman laying on the ground.

Q. Was she close to the steps? - About a hundred yards from the steps. I went to her, and when I helped her up, her pocket lay on the ground, and my fellow servant he picked her pocket up, and I helped her up the steps to a woman, Catharine North, and helped her over the road, and she sat down along with the woman, while I was drinking the remaining part of my pint of beer, and then I went home with her, and she seemed to me to be in liquor; she told me what she had lost, but she did not seem property to have her senses; she told me where she lived, she lived in Cox's-court, she gave a rational account where she lived and whose wife she was.

CATHARINE NORTH sworn.

I was in my own house, and I heard murder cried.

Q. Is your house near Mr. Thompson's rope yard? - Yes, within forty yards. I went out, and as I stood the cry of murder came nearer, and I saw this John Parker and another were helping the woman up the steps, and I went to them as they were helping her up the steps, they could not get her up at first, and when she got up, she said, she had been robbed, and I saw the pockets, there were no strings on them; I took her home, I took her from these men, there was a woman come by there with

a lanthorn, and I looked at the woman, and there was the breadth of a shilling knocked off her face, and I put my apron up to her face; she told me that she lived in Blue Anchor-alley, Cox's-court, and I accompanied her home to her own habitation.

Q. Could you observe whether this woman had been drinking? - She was rather the worse for liquor, but whether the bad usage might make her worse I cannot say.

Q. Did she give you a consistent intelligent account of where she lived, and where her husband was? Did she talk like a person that knew all about herself? - She told me where her husband was, she gave a reasonable account of herself, and I took her home where she said she lived.

Q. You are a Newcastle woman? - I am.

ANN RAMSEY sworn.

On Friday the 20th of December, these two men and woman came into my house, it is in Fox's-lane, a public house, I think, to the best of my knowledge, it was about eleven in the morning, they stayed all the day, till about eight o'clock, to the best of my remembrance.

Q. What liquor had they been drinking at that time? - They had porter to drink for the most part; I cannot recollect how much, I know of four pots.

Q. Who drank the four pots of beer? - There were more in company, but whether they invited them to drink with them I cannot say, there were people came in and out.

Q. Can you recollect any thing of the gin that they drank? - I served two quarterns of gin, I know no more; that makes half a pint.

Q. Did you observe any thing in their conversation and discourse? - I did not, I did not give any attention to what passed between them. When they left the house I said, take care of the woman, she appears to be in liquor; they said they were afraid of that, they knew the woman very well, and they would take her home.

Prisoner Whellum. When I was going out of doors this woman sat asleep, drunk, and this gentlewoman said, I don't know whether she can walk or not, and this man, Miller, said he would take her home; she made answer and said, to my husband; and he said, yes; that is all.

JOSEPH HOLBROOKE sworn.

I was in company with the officers at the time the man was taken up; I was not with them when the things were found; I heard Miller say he was in company with Whellum when he robbed the woman, but he could not help his robbing her.

Prisoner Whellum. I was waiting for a craft to come in, I was waiting at this house from nine o'clock, thinking there would be an answer come for to go to work again, just before the clock struck eight this woman came, and she asked if her husband was there? and she came up to me, and she said she thought she knew me, and I made answer and said to her again, you may know me, but I don't know you; says she, I think I knew you when you worked at Mr. Perry's dock, at Blackwall; I told her it might be so I had worked there; she made answer that her husband lived at No. 5. Blue Anchor-alley, and that he came from Poplar; I said, I think there is a man that comes from there, he works along with me, and if it is the same he will he here in a minute or two; and so I advised her to wait, but he did not come in, he had got a job; then this woman came up and stood before the fire side, and said it was very cold; I made answer to her, will you have a

glass of gin? though I don't know you, you shall have one if you will; and she went and took a glass of gin; then she came back again to the fire side and drank part of two pots of beer; after nine o'clock I said, I would go home to my wife, and we all came out together. When we came to this gentleman's house, Mrs. Ramsey's, just as we got to the door the woman said, what will you give me to drink? if you will give me anything give it me now; Miller answered, will you have part of a pot of beer? I said, I cannot stop, because my wife is very big with child, and I want to go home; after that I granted to go in and have a pot of beer; we had one, two, three, or four pots of beer and a quartern of gin; after I had paid for that liquor this man wanted something to eat, and he went out for a two penny loaf and half a pound of cheese, for something to eat, then afterwards we had another quartern of gin; then after that we were talking to one another, we heard a man playing the fiddle, she calls this man in, and would have him play; after that she goes to the shop across the corner, where she wanted a pair of garters, and wanted this man to buy her a pair, and told him that he should tie them on for her, if he would buy her a pair, but he would not; after that she came and called me out, and asked me if I would buy her a pair of garters? and if I would buy her a pair of garters I might have connection with her, if I would; I made answer I had a wife at home, and I was not used to such work as that; she said she did not come after a man as her husband, it was her brother; she said she lived at No. 5, at Poplar, and that she lived along with another woman at No. 5, at Poplar, at the White Horse, and they carried on the trade and business of a disorderly house, and asked this man and me if we would go home with her? I told them I would not have any thing to do with it; after that she persuaded me to go into the yard behind the house to be great with her; I told her that I would do no such thing; after that she called me out to the door, and told me that she did not like this man; she said she had some knowledge of me, but him she did not know, and desired me not to let any of her things go from her; after that we sat down by the fire again, I wanted to go and see my master, to see if there was a craft come in, and I went down to Mr. Brown's, and I went in and stayed for the valuation of an hour, and could hear no answer, for there was no craft come in, and I came back again to settle my reckoning at the gentlewoman's house, there were two quarterns of gin to pay for, that she had drank at the time that I had gone; she called me over to this shop I spoke of before, and wanted me to have connection with her, and buy her the garters; I told her it would not do for me, that I had a wife that laid very sick at the time, and that what I spent was enough; I told them my expences were as good as five or six shillings that day, and that I could not do it every day; I had four-pence halfpenny left in halfpence, she took it up from my hand and put it into her own pocket.

Prisoner Miller. I was in company with her, please your worship during the whole time drinking part of the liquor, she asked me to go and buy them garters, for her, so I went out along with her, I would not buy any garters for her, she came in again when I would not buy the garters, and she asked this man, and he would not, he bought no garters for her; so she came back again, and we sat and drank, I know no more than when we were going home this man asked me

I live opposite the Crooked Billet, Hoxton, in Shoreditch parish . I burns bricks for Mr. Samuel Scott in the summer, and work at labouring work in the fields in the winter, it was the last Monday night in the month, between that and Tuesday morning, I lost this property that is here, a night shift, some childrens clothes and table linen, they were in the apartment when I went to bed at night, in the morning they were all gone from the place, they were in the wash-house.

Q. How do you know they were in the apartment at night when you went to bed? who had the care of them that night? - The woman that washed them, and the girl that belonged to me in the house.

Q. You don't know yourself that they were put there, but these women in your employment put them there? - I did not see them there particularly when I went to bed.

ELIZABETH GRACE sworn.

Q. Do you know Robert Huggins? - Yes, I was his servant on the 30th of December; I washed for him, I left a basket of linen in the wash-house, in the morning they were gone.

Q. What did you put in the washhouse over night? - Some childrens pinbefores, and some part were table linen.

Q. Who worked with you? - One Hannah Baynham .

HANNAH BAYNHAM sworn.

I washed for Mr. Huggins. On the 30th of December last I remember putting some pin clothes in the washhouse over night, there were eleven in the bill, and one I found in the morning, some stall clothes, what the butchers lay across the stalls, there were nine of them, and I found five in the morning at the lower end of the garden, there were some aprons, and I found two in the yard, among the stall cloths, there were some shists belonging to the children, I don't know how many, there was a night gown, a cotton waistcoat, some night shirts, they are put down as shists, there is collars on them like shirts, there were some table cloths, but I don't know how many there were of them, I look upon it they were made of cotton and some breakfasts cloths, I think three.

Q. Where did you put these on the night of the 30th of December? - I left them in the wash-house in a clothes-basket, meaning to come in the morning to finish them, I came in the morning and found the property gone.

Q. Did you take notice of the marks of these things? - Several of them were marked M. K. E.

Q. Should you know these things again, was you to see them? - Yes, I think I could.

Q. When you found them gone what did you do? - I acquainted Mr. Huggins of it.

Court to Huggins. When you found the things were gone what did you do? - I went immediately and acquainted the office in Worship-street of my loss; I had some bills printed, which I paid twelve shillings for printing of the bills, and giving of them out; I heard of the things the next day in the evening, my girl, Elizabeth Grace , came to me, and told me that Mr. Armstrong wanted me in Worship-street, I went there, and I saw the prisoners there, and the things.

Q. Did you see all the things you had lost? - No, they were not all there, they said they met a tall man, and that he said he would give them a glass of brandy to carry them to the end of the court.

Q. Do you know who had them at Worship-street? - Mr. Ferris and Mr. Ray.

Mr. Knowlys. I would be glad to know how this wash-house is situated, with regard to the street? - It is at the back part of my dwelling house, and there is a wall about eight or nine feet high.

Q. Did you observe how they got into the house, whoever it was? - I could not find out how it was.

Q. Did the wash-house door usually remain open? - It was unhung, it was so before.

Q. The wash-house door was not secured? - It was not, but to get to the wash-house, whoever it was, they must have got over the wall, of eight or nine feet high, or have come from other houses; there are two houses by the side of them, they have been my neighbours for this four years, they are honest good sort of people.

Q. Persons who you should not suspect of letting persons coming through their houses to rob you? - No. I looked at the wall, and I could not see any marks of dirt, by getting over, which way they got in I cannot say.

Q. It would be a difficult thing for a woman with Petticoats to get over I think? - It is impossible for a woman to get over.

Q. These persons were not found in possession of the things till the Wednesday after the robbery was committed? - It was so.

Court. Do you know any thing of either of the prisoners? - I never saw them before in my life to my knowledge.

JOHN RAY sworn.

I am a constable at the Police office, I found the things, in company with Mr. Ferris, on Smith, in her apron, the 2d of this month, it was a Thursday, we met them in the street, both in company together, in Golden-lane, we suspected that they had got something that they did not come honestly by, and we insisted on seeing what they had got, seeing them with that large bundle.

Q. You had not heard of these girls before? - No, we had heard of the robbery, and some bills were printed.

Q. What did they say? - I saw they were dampish linen, I asked her what she had got.

Q. How near is Golden-lane to where Mr. Huggins lives? - About three quarters of a mile. The answer that she made was, that a man had given her them to carry, she did not know the man, nor ever see him before in her life, she said we was to carry them to Catherine-wheel-alley, Golden-lane, and was to stand there till the man came, she said

Q. What did you do with the prisoners? - We secured them, and took them before the magistrate, we had the handbills, and found some of the marks answering to what was on the bills, most of the marks were picked out; but there were here and there one, that they had left the mark in.

Mr. Knowlys. This was between twelve and one in the mid-day? - It was.

Q. This was pretty near two days after the robbery was committed? - It was Monday evening the robbery was committed, and this was Thursday she was carrying of it.

Q. It is more than two days after the robbery was committed.

Prisoner Allen. We did not say Catherine-wheel-alley, we said the Crown and Sceptre in Ball-yard? - To the best of my knowledge they are both adjoining one to another.

RICHARD FERRIS sworn.

I am a constable belonging to the Police office, Shoreditch.

Q. Do you know any thing of the things that Ray had with him just now? - On the 2d of January Mr. Ray and I were going up Golden-lane, we met the two prisoners at the bar, with each of them a bundle; I says to Mr. Ray here are two women, each of them has got a bundle, we will go over and see what they have got, before we came up to them they both of them turned down a place, which leads towards Arthur-street, they knowed me, it struck me that they did it to avoid me, I knew one before, but I did not recollect the other, I crossed the way and catched hold of them, and asked them what they had got? and examined the bundles, and they at last told me it was linen, I took a bundle from Allen, I asked then where they had got it? she said she did not know, some man gave it to her to carry, I asked her where I she said she did not know, I said they should go before a magistrate, and I took them into custody, and carried them before the magistrate, we examined the linen there at the office, and we found there were marks on them that corresponded with the hand-bill that we had got, there were not marks on all the linen, there was on some of it, but a great many had been picked out, there is one marked the same as on the bill, that I took from them, one of the table cloths.

Q. Do you mean to say that you could see where the marks were picked out? - We could see where they had been picked out.

Q. Did you hear what passed between Smith, and Ray the constable? - They were both close together, I did not hear she made any other answer than that I have mentioned, I did not attend.

MARY MARKHAM sworn.

I am a married woman, the little girl, Elizabeth Grace, informed me of their having been robbed of some of my linen. On the Thursday following I was informed that the linen was found, and I went to the office in Worship-street, and I think it is the same linen that was lost; where the linen was stole from was a laundresses. Mr. Huggins has no wife.

Court to Huggins. Do you exercise the business of washing linen? - I do, and employ people to do it.

Q. Do you send for the foul linen? - I do, and the same that brings one, carries the other back. I have the profits of the washing.

Some of this linen belongs to my master, and we sent it to Mr. Huggins's to be washed.

Court to Huggins. Do you know the marks of any of the linen, that was brought to be washed? - I cannot swear to the marks.

Hannab Baynham. This table cloth is Mr. Markham's property, and my master had it to wash; these other things belong to Mr. Hemmings, a coal merchant in Hermitage-bridge. I know this stall cloth.

Prisoner Allen. My father and mother live in that court, it is a thoroughfare; a tall man came by with that bundle, and the side of his coat was thrown over it, and he asked us to take the bundle to the Crown and Sceptre, in Ball-yard; and these gentlemen came, and stopped us immediately; they did not ask us any thing; they put irons on our hands, and took us away; we told them, perhaps, if they would go up to the public house, they might see the man; but they would not go up.

Prisoner Smith. I have nothing more to say, than what the other prisoner has said.

Prisoner Allen. I should know the tall man, was I to see him; the Crown and Sceptre was about five or six doors down further than where they stopped us.

Ferris. The Crown and Sceptre is not quite a hundred yards.

Q. How far is the place you met them, from the place where they live.

Prisoner Allen. I live with my mother in Rose-alley, Golden lane, just by there.

Court. Do you both live together? - Smith had been a little while out of place, and she was with me while I was out of place; my father is not in constant work, or else I should not have been so long with him at home.

The prisoner Allen called Ann Hubbard , who gave her a good character.

Both, not GUILTY .

Tried by the first Middlesex Jury before Mr. Justice ROOKE.

Reference Number: t17940115-32

100. JOHN CHRISTMAS was indicted for stealing on the 20th of December , twenty-four pounds of iron, value 2s. the goods of Peter Keir .

PETER KEIR sworn.

I was not sensible that I had lost any thing, till I was called to the Elephant and Castle, Kentish Town, to see some iron that was stopped about seven o'clock at night; on the 20th of December, I was shewn the iron there by Mr. Croker, one of the police officers of Bow-street; some of the iron has been worked, and some unworked. I can say, I know this piece, it was got up for the side of a pair of forging tongs; I know it by the shape and manner in which it was got up. This one piece, I also know, from its being bent in a particular manner hastily, and not properly. I am a coach box and axle tree maker; I cannot be so particular about either of the other two pieces, but I know, they are the kind of iron that we make use of.

Q. When did you see them last before you went to the Elephant and Castle? - I cannot recollect exactly; I had seen one piece the day before, it was laying on the floor in the open smith's shop.

Q. Does it front the street? - It is within an inclosure, a little way off from the street. This other piece, I saw standing by the side of the forge, where the man worked that had used it; I think it was either one night, or two, before it was found; but I am not certain, I do not recollect the other two pieces. When

I was she was the iron, Mr. Croker asked me, If I knew it? I told him, as I have told you; and I also knew the prisoner at the bar, had first left my shop before the usual time of leaving work; he worked for me; he made a practice of that, because he said, his home was a great way off.

Q. How long had you employed him? - About two months.

Q. How did the prisoner behave while he was in your service? - He always behaved well, except that I was surprised, that he left work before other people; but that was in some reason accounted for, because he lived in Westminster; he was a sober man, and a good workman.

Prisoner's Counsel. At the time, you say, you know the piece of iron by the particular manner of workmanship of it; but you know that workmen use iron in that same way. With respect to this piece bent, other blacksmiths use pieces exactly in the same way that this is in? - Never use it in the condition it is now, it is in its second stage, unfinished. It is bent to put under axle-trees, that they may not get through the fire; and I never saw any man that did it, but this man that did this.

Q. As to the third piece of iron, you don't recollect when you saw that before? - There is one little circumstance, it was a general rule in our shop, that nobody was to use a piece of iron that was bad.

Q. You say one piece of iron was within an inclosure? - The whole is within a shop, which shop is within an inclosure.

Q. You say the prisoner quitted his work sooner, because he lived at a great distance, and he always did it? - Not always, but very frequently.

Q. Did not he live at Lambeth, and you work at Pancras? - Yes. I only with to say one thing, there was a dispute about his leaving work, and he had marked to leave off work at seven, but he had left off about a quarter or twenty minutes before; and it was just seven, when I received a message to go to the Elephant and Castle.

THOMAS HARRISON sworn.

I know one piece of this iron in particular, I forged it; I got it up in the state it is now in.

Q. Do you undertake to say, that this is a piece of iron that went through your hands as a workman? - I bent this piece of iron on purpose to put under axle-trees in the fire. I cannot swear to the others.

Prisoner's Counsel. Harrison, with respect to the piece you know, there may be similar pieces made in other shops? - I can swear to my own work; there are very few workmen, but can swear to their own work.

JAMES BIRCH sworn.

I know this one piece of iron, I have seen it in our shop several times; I cannot say, when I saw it last there. I don't know any thing of the others.

Q. Do you know any thing about the prisoner's leaving his work on the evening of the 20th of December, rather before seven o'clock? - I am sure, it was before seven.

Prisoner's Counsel. The piece that you recollect, and speak to, is the piece that the last witness swore to? - It is.

Q. You cannot recollect when you saw it before? - I do not.

HENRY CROCKER sworn.

I am one of the conductors of the party of the partoles in Bow-street, and I go the Kentish Town road, and Hampstead road every night. On the 20th of last month, I was going with one man belonging to me towards Pan

cras, just beyond the church; I saw something standing in the dark, in the field between the church and the Elephant and Castle, it appeared to me to be a man; I made towards it, it was near seven, it had not struck; I, and the person that was with me, made round towards him; I went up to him, and I said, halloo, who are you! I thought it was a man drunk; I put my stick down, and I heard the found of iron that was laying on the grass immediately before him. They laid close before him and he standing up, immediately I ordered Mackay, the man that is here, to bring him along to the Elephant and Castle, while I picked up the iron, and a stick laying with it; I asked him, who he was? he hesitated a little, and said, he lived a good way off; I then took him into the public house, to the Elephant and Castle, and the maid servant knew him; and then I had a suspicion that he had come from there, and I asked her, who he worked for? and she told me, and I ordered him to be secured while I went up to his master's house, and the maid servant went with me; and I brought down Mr. Keir, and he said, that the iron was his property. This stick was laying close to the iron, and it all laid before him; he told me, when he went into the public house, that he knew nothing of the iron, but he owned the stick.

Prisoner's Counse. Crocker, you are sure, it was about seven? - I am positive, by the round that I had taken, it was just seven; I generally make remark of the time, but I did not this time; but whether it had struck or no, I cannot say, it was a minute or two, before I went up to Mr. Keir's.

Q. This footpath through the field is in the direct way to Westminster? - It is the way from Pancras; that back footpath comes directly into Kentish Town; but he was in the field between that footpath and the public road.

Q. When you took the prisoner, he did not discover any circumstances of sear of apprehension? - He seemed a little chagrined at being taken by a Police officer.

Q. You never knew him before? - Never; but if I see a man lurking in the fields, I always go to him.

Q. The maid servant of the house knew him? - She did, she called him by his name immediately.

Court to Thomas Harrison . Was it you that said, that you used that piece of bent iron? - I put it under the axle-trees; I had not done it that day, but about two or three days before I had used it for that purpose.

Prisoner. After I had done work I had to go to Lambeth; I left off a little before my time, because I had so far to go; I was going home, and just went out of the path way to case myself, and this here Mr. Crocker came up to me just as I was buttoning up my breeches, he asked me what I had got there? I told him that I did not know that I had got any thing there; he stooped and picked up this iron, and he said to me, you may as well go along with it, I suppose you only mean to make a pot of beer with it; I told him it was none of mine, and I would not have any thing to do with it.

Crocker. I deny that, I never suffer a thief to escape me, great or little.

JOHN DORRINGTON sworn.

I was on the road the night the prisoner was taken.

Q. If any person had passed you with any bundle you must have seen it? - I must.

Q. What hour of the night was you there? - Between six and seven o'clock.

Q. Was you at Pancras Church at that time? - I followed the two gentelemen, Mr. Croker and Mackay, till such time as they got up to the pri

soner; they asked him what he did there? he said he was doing an occasion, easing himself; he told them so.

Q. How near was you? - I was within forty yards, just on the right of him, I was so near him that I saw him stand up before ever the gentlemen came up to him, and touched him, it was a darkish night, foggy, and I saw nothing that he had about him.

Q. Was he standing when you came up to me? - He was standing up when I first saw him.

Q. Did you or they see him first? - I should suppose that they saw him first, because they were making over the foot path, and I was over right to them.

Q. What are you? - I am a patrole on the road from the dusk of the evening till twelve at night.

Q. When you got in the public house what passed? - The mistress said to the prisoner, how came you back so soon? O, says he, these gentlemen have taken me up, but I don't know what for. Croker says, what are you known in this public house? yes, says he, I am known here; O, then, says he, take up the iron and walk about your business, I suppose it is only to get you a pot of beer; they were both present when he said this.

Court to Croker. Did you see that witness near? - Yes, he was, and he followed us into the public house.

Q. When you stopped the prisoner did you see him then? - Yes, he was about five or six yards off, he was standing pretty near.

Q. What did you say? - I asked him who he was, and and where he was going? he said he had been easing himself; but I did not perceive any thing of that; but we went afterwards to see if there were any more iron, with a candle and lanthorn.

Q. Did any thing of this sort pass which the last witness has affected? - It strikes my recollection that something did pass, I recollect the circumstance now. When I brought it in and laid it on the table; they knowing him I might say, why should I have so much trouble, does it belong to you? he said it did not, it is not my property, nor I will not have it.

JOHN FISHER sworn.

I keep the Elephant and Castle; I was not in the way when the prisoner was brought in. When I did come in Mr. Croker said he owned to the stick, but not to the iron. I have known the prisoner about two months.

ANN FISHER sworn.

I am the wife of the last witness. Mr. Croker was the man who brought the prisoner in, and Mackay, and said that he took him in the field opposite the house, and that he felt about with his stick, and felt some iron. I never heard Croker say that he found the iron on him. I have known him ever since he worked with Mr. Keir.

- KEWSLEY sworn.

I am a Smith; I live at Camden Town, but the prisoner worked with me, I have known him about two years, I never see any hurt by the man, I always found him honest. I know this piece of iron, I made the fire up when it was bent; I had seen it in the shop two or three days before.

The prisoner called three other witnesses who gave him a good character.

NOT GUILTY .

Tried by the first Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17940115-33

101. PETER CATENOLE was indicted for stealing, on the 28th of November , a linen shirt, value 1s. a cotton neck handkerchief, value 4d. a pair of canvas trowsers, value 1s. 6d.

The way that I was robbed the prisoner had no place to sleep in, and I gave him a room to sleep in, and bedding for to sleep on. On the 28th of November at night he went up and down three times, the last time he went out about one o'clock at night, and did not come back, and I missed a shirt, a neck handkerchief, a pair of trowsers and seven shillings and six-pence in silver.

Q. Where did you lose them from? - I was asleep at that time, the things were lost from the two pair of stairs, my own room.

ELIZABETH FISHER sworn.

I know that same evening before the robbery was, I met the prisoner without either a shirt, I met him in Upper East Smithfield, the prosecutor and the prisoner were both together, it was within a few doors of their house, this prisoner had neither a shirt or handkerchief, nothing but an old bit of a smock frock on; when he was taken, which was the 8th of December, he had the handkerchief on, that I had given this Mr. Brown.

Q. Did you see him taken? - I did, and got the officer to take charge of him, because of the handkerchief that he had on, which I swore to before justice Wickam, and the shirt I knew that was on him at the time he was taken, to be Mr. Brown's.

Q. Do you know any thing of the prisoner sleeping at Brown's? - The land lady of the house knows he was there, and Mr. Brown came and told me.

ABRAHAM MORGAN sworn.

I am an officer; took the prisoner on the 8th of December last, I found on him this shirt and handkerchief.

Q. How came you to take him up? - I was sent for, I asked him how he came by the shirt and handkerchief? he said Mr. Brown gave them to him for doing some work for him; I asked him what he did with the trowsers and money? he said he knew nothing about the remainder of the things, but this shirt and handkerchief.

Court to Brown. Did you ever give the prisoner any of these things? - No.

Prisoner. He gave me the things to put on, he expected that his wife had given me something for some work I had done for them; as for the trowsers and money I know nothing about them.

GUILTY . (Aged 28.)

Imprisoned two years in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury before Mr. Justice GROSE.

Reference Number: t17940115-34

102. JOSEPH DOLPHIN was indicted for stealing, on the 11th of January , twenty two yards of prince's cord, value 3l. twenty-one yards of velveteen, value 4l. and a hempen wrapper, value 1s. the goods of James Holt .

JAMES HOLT sworn.

I live at the Axe inn, Aldermanbury, I keep the inn yard ; I have the care of the waggon business; I sent my servent down with a cart loaded with goods, on Saturday, his name is James Prestman , I sent him to various parts of the City, it was the 11th of this month; there was a truss dircted to one Mr. Barber, in the Borough.

Q. What was the mark on it? - Nothing but that which corresponded to the way book.

JAMES PRESTMAN sworn.

I live with Mr. Holt, I was sent with a cart loaded with goods on the 11th of January, I was sent to various places of the City, there was a truss directed to Barber, in the Borough.

Q. Did you deliver it to Mr. Barber? - No, I left it in Osborne-place, Brick-lane, I was coming through Brick-lane, and I called at the Three Compasses, Mr. Jenkins's, to get a pint of beer, looking through the window at the cart, I saw this prisoner get on the wheel, I saw him stoop down and take hold of the truss with his hands, and lift it out from the bottom of the cart to the rail, I ran to the door, and a man was holding the door when I came to it, that I might not get outside of the door.

Q. Did you see what man that was? - No, I did not, I gave the door a sudden plug, and pulled the door out of his hand, I ran out, and the prisoner left the truss on the copse of the cart, I took the prisoner into custody, and took him into the house.

Q. How long had the man hold of the door? - He might hold it for half a minute, when I got out I saw the prisoner leaving the truss on the copse of the cart, whether he took it from the cart and put it back again, I cannot tell, when I left the window, he had it in his hand.

Q. It was not in the same place as when you went out? - No, it was not.

Q. What did you do then? - The officer came, and I gave charge of him, the officer was John Nowland , and I delivered the truss to John Nowland .

Prisoner. Ask him whether he was sober? - I was. I had not had any thing but that pint of beer.

JOHN NOWLAND sworn.

I am a constable of the police office, Whitechapel; at four o'clock on Saturday I was sent for to take charge of this man, and I took the prisoner into custody, and the truss, and I have kept it in my possession ever since.

Court to Holt. Can you swear that is the parcel that you delivered to your servant? - I can, it came from Manchester, it contains princes cord, and velveteen.

JOHN LAMB sworn.

I am a chair-maker. This Saturday afternoon about four o'clock I went to get a pint of beer, and this carman had gone up into Osborne-place, presently he comes into the public house, and had not been half a minute before he runs against me, halloo! halloo! says he, I looks out of the window directly, I thought it was some accident, I looked through the window, and I saw the prisoner taking the truss from the copse, and he put it on again, on the copse.

Prisoner. I was coming from Bethnall-green, along Brick-lane, I went across the way to go into Angel-alley, Whitechapel, I came to the cart wheel, and these two men catched hold of me, and said that I had been up to the cart, and said that they would send me for a soldier directly, it was just before dark.

My witnesses were here all yesterday, and they were to be here to night, but I did not know that my trial would come on.

GUILTY . (Aged 30.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Justice ROOKE.

Armstrong to Court. His real name is Joseph Robins, he was transported about eight years ago, and sent to the hulks.

103. THOMAS BREWER was indicted for stealing, on the 17th of December , four pounds weight of beef, value 1s. 6d. the goods of Nicholas Bennet .

NICHOLAS BENNET sworn.

I am a butcher ; I lost some beef on the 17th of December, I was in my shop, serving of a customer, between ten and eleven at night, and I saw Brewer, the prisoner at the bar, at my stall, and in crossing to my seales, I see him with a piece of beef in his hand, I saw him open his watch great coat, and put the piece of beef under it; I saw him turn round, and crossed the way, and I saw him open his great coat, and take from under it the piece of beef; I saw him take the piece of beef and put it over the door, and throw it under the door of his watch box, the door is pretty losty, and he was obliged to put his hand over to throw it under; I said to the man that I was serving in the shop, dear me! the watchman has taken a piece of beef from my stall, I went over to him, and told him that he was too bad, he said what; I told him to open the door, he opened the door, and I took the piece of beef from under the seat, and I took it home, which is directly opposite almost; with that I went to the watch-house to enquire for the constable of the night, and gave him in charge.

Q. How much might the beef be worth? - Eighteen-pence.

Prisoner. If he had said stop thief, there is twenty might have stopped me before I got to my box.

WILLIAM STENNETT sworn.

I am a warehouseman, I did not see the prisoner take the beef, I did not see him in the shop, I was at the shop, while I was paying for my meat Mr. Bennet said the watchman had robbed him of a piece of beef; I said surely it cannot be!

Q. Was that in the hearing of the watchman? - I don't know. He said he had, and he asked me to stop and mind the shop, while he went to his box, and he went over, and brought the piece of beef over from the watch box.

Q. What was done with the prisoner? - I cannot say, when he brought the piece of beef over he asked me to stay a little longer in his shop, while he went to the watch-house, and he brought a constable from the watch-house, and I stayed in the shop till the constable came.

Q. Did you see the prisoner in the hands of the constable? - Yes, I did, the constable went out to the door, and called him by his name, and the watchman came into his shop, and Mr. Bennet related what had happened.

JOSEPH FENNER sworn.

The prosecutor, the butcher, came to me, and I took the prisoner into custody.

Q. Did you see any meat in possession of the prisoner? - No, it was on the block in the shop; when I came to the shop, I asked the prisoner, Brewer, where he took the beef from? he said he took it from the stall.

Prisoner They never asked me a question about the beef, or any thing else, the constable said go and sit down in the public house, while I get my supper, with all my heart I said, I don't care where you take me to, and I went and sat down in the public house, while he got his supper.

JOHN THOMPSON sworn.

I am a beadle of the parish, the prisoner is a watchman in Tower-street, I have known him sixteen years, I never heard any thing but the man was honest, and hard working.

The prisoner called four other witnesses who gave him a good character.

GUILTY . (Aged 61.)

Imprisoned six months in Newgate and Publickly Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-36

104. JOSHUA DANIELS was indicted for that he on the 11th of January , feloniously, without any lawful cause, was at large in the kingdom of Great Britain, before the expiration of the term of seven years, for which he was ordered to be transported, at the session of gaol delivery for the City of London, in September last .

JOHN OWEN sworn.

I am a servant to Mr. Kirby. The prisoner was tried here in September sessions last, for stealing an handkerchief, and was convicted, and received sentence to be transported.

Q. Are you sure as to his person? - Positive. On the 6th of January I had orders to convey him with nineteen others making twenty in the whole, to Portsmouth; last Monday was a week we went with the coach, when I got about thirty-four or thirty-five miles, he was missing when I came to Farnham, I never missed him till I came to Farnham, for I was inside of the coach with six others; I believe Farnham is thirty-four or thirty-five miles, he went in what they call the basket, belonging to the stage coach, in the same coach in which I was, he with seven others, making eight in all were in that place, there was six on the roof, and six withinside with me; when I came to Farnham I went to give them a little beer, by way of nourishment, being a cold night, I found him and another missing, by examining their irons, I believe it was about one o'clock in the morning; I gave every possible alarm that I could at that time of the morning, I continued on the journey with the eighteen others, and delivered them safe.

Q. When did you hear again from him? - On Sunday last one of the officers, that apprehended him, came and informed me that he had apprehended one of the people that got away from me, and I went to the New Prison, there I saw him; I have not the least doubt in the world but this is the same man.

Q. How long have you known him? - Four or five years.

Prisoner. Would either a gentleman here been in my stead, and found opportunity to make their escape would they not have done the same.

(The record of his former conviction read by the clerk of the court.)

JOHN ARMSTRONG sworn.

I am one of the police constables of Shoreditch. On Saturday the 11th of January, I went to a house in Rosemary-lane, which is in the parish of St. Mary's, Whitechapel, between the hours of eleven and twelve, in company with Harper and Blackiter, and apprehended the prisoner, and afterwards there was a word sent to Mr. Owen, I believe it was a house of recruits for soldiers, by my information I believe he had entered as a recruit, I believe he was entered, or was going to enter, he was carried by Mr. Blackiter and another officer that is here, to New Prison, I only came with him to New-street, Bishopsgate-street, and then I left him in the hands of Ferris another way.

SAMUEL HARPER sworn.

I was present when this man was taken up, and we brought him from the house in a coach, to near Long-alley, by Moor

fields, and then left him in the hands of Mr. Blackiter and Mr. Ferris.

WILLIAM BLACKITER sworn.

I am an officer belonging to the office of Shoreditch, in Worship-street; I was present when the prisoner was taken, we had a coach and took him down to New Prison that night.

Q. Did they receive him there without a commitment? - Yes, I left him there as a night charge. On Monday he was carried before the magistrate, and on Sunday I went and informed Mr. Owen.

Q. In what parish is this Rosemary-lane? - In Whitechapel.

Prisoner. If you please to consider if any gentlemen had found opportunity to make their escape they would have done the same. The guard behind the coach was fast asleep, I made my escape with no other idea than to serve my Majesty, I asked before to go for a soldier, and the Recorder that tried me, would not grant it me, I went at first to Deptford, to go on board a King's ship, and they would not take me, and I went to Rosemary-lane, and enlisted for a King's soldier to go to the East Indies, I did not do it for any intent than to serve his Majesty, either by sea or by land.

Q. In whose company did you enlist? - With Mr. Mozelle, I was taken out of his house, I was in bed when they came for me.

Mr. Kirby. They don't enlist into any company, only for five years, to serve in the East India company's settlement, and under no particular officer.

Court to Armstrong. Was he in bed? - Yes, he was with another man.

GUILTY. Death . (Aged 26.)

Recommended by the Jury.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17940115-37

105. THOMAS MATTHEWS was indicted for stealing, on the 16th of January , a piece of copper bolt, of the weight of two pounds, value 2s. the goods of William Mardle .

WILLIAM MARDLE sworn:

I am a coppersmith , this man worked for me. On the last night about six o'clock, one of my apprentices came and informed me, and said there was a coat hanging up across the place, with a bit of something of brass in it; I said, say nothing about it, till he leaves work, and see if he takes it away with him; I sent for a constable to be ready if he should take it away with him, to stop him when he went out, he was brought back again by the constable to my counting house; the prisoner was my journeyman.

Q. At what o'clock was this? - After seven when they have done work, and he was going away in the evening, he brought him back to my counting house, there was this bit of copper found on him, it was in his pocket, wrapped up in a handkerchief, it was a piece of copper bolt.

Q. Did you take it from him? - No, he pulled it out himself, the constable took it into his possession, I asked him his reason why he should go to rob me of it? he said he only took it for a friend, to make a soldering iron of, he did not think any harm of it.

Q. Had you missed any other property of late? - I cannot say that I have, there is such quantities of copper laying about, it is impossible.

Prisoner. All that I have got to say, is, that I did not take it.

JOHN STILTON sworn.

I am an apprentice to Mr. Mardle; about six o'clock in the evening I went out to fetch some liquor for one of the men that worked in the shop, he told me particularly to take care of the glass, so I put the glass when it was done with on a shelf, in getting up to the shelf, to put

up the glass, I put my hand on the prisoner's coat, and I selt something that was hard in his pocket, his coat was on a wooden horse, underneath the shelf; accordingly when I had put up the glass I gets down and puts my hand into his pocket, and took it out, and see it was this piece of bolt, then I went and told my master of it. I saw the constable bring him back, and he pulled it out of his pocket himself, it was wrapped in a hit of rag, or handkerchief, and the constable took it, he has it in his possession now, and he took him to the Poultry Compter.

Prisoner. Did you find it in a piece of cloth in my pocket? - I did, or an handkerchief.

Q. Did you see me take it out of my pocket in the counting house? - Yes, I did.

GEORGE DUDLEY sworn.

I am a constable; I was sent for by Mr. Mardle, I brought the prisoner back, and he took out this piece of copper bolt out of his pocket himself. I produce it.

Prosecutor. I could not possibly swear to it, only he confessed he took it.

Q. What did he confess about it? - I asked him the reason why he took it from me? he said he took it for to make a soldering iron of.

GUILTY . (Aged 39.)

Imprisoned three months in Newgate , and fined 1s.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17940115-38

106. SAMUEL EVANS was indicted for stealing, on the 16th of January , a wooden tub, value 6d. and a hundred pounds weight of salted pork, value 1l. 10s. the goods of Amy Clarke , widow .

JOSEPH TALBOT sworn.

I am a carman to the widow, Amy Clarke, she lives in Great Bandy-leg walk, she keeps carr carts ; some pork and tub was stolen from her last night between seven and eight, I was loading in Thames-street, and I was going to take it into the Borough, eight casks of pork, I was going to take them into Maiden-lane, going over the Bridge I missed them, they were all wooden tubs.

Q. Tell me how you missed the property going over the Bridge? - There were four young fellows came several times about the cart, and two of them desired me to get off the pavement, and shoved me, this present young man, that is the prisoner, he made two or three attempts at the cask, I see him put his hand twice on a tub, and he took it away, when he took it away I pursued after him immediately, I saw him take it out of the cart; he took one cask, I immediately pursued after him, and took him by the collar, with the cask.

Q. How did he hold the cask? - Between his arms and his breast.

Q. What did you do with the tub? - I left the tub, and took him across to the watch-house, I found it immediately, a man took care of it, and rolled it down to the watch-house.

Q. Who did you deliver the cask to? - To the constable of the night, the constable that I called for assistance brings it here.

Q. How do you know it was pork that the tub contained? has it been opened? - The proprietor is here.

Prisoner. The man never touched me till such times as he knocked me down,

he knocked me down once, or twice, with the butt end of his whip? - I did not strike him till he struck me; because I would not let him have his liberty, he struck me and I was ill used by the rest.

Court. What were the other men? did they try to assist him to get away? - They did.

Prisoner. Ask him whether he ever saw me touch the tub or was nigh them? - I saw him take the tub, and took the tub from him.

THOMAS MERRYMAN sworn.

Q. Did you see this tub in the possession of the prisoner? - I saw Joseph Talbot running across to the watch-house, I asked him what was the matter? he told me his cart had been robbed, I went over to the watch-house and the prisoner was there and the tub, I immediately secured him, and I came over to the counter and locked up the tub, I was not the man that carried the tub to the watch-house, it was rolled into the watch-house.

THOMAS SPENCER FIELD sworn.

I am foreman to James Gabriel Stewart in Thames-street; I saw these eight tubs loaded into the cart last night about seven o'clock, it was Amy Clarke's cart.

Q. Is Mrs. Amy Clarke responsible for these things? - Undoubtedly, when they are in her care.

Q. Do you know whether there was any one tub missing? - There was one stole out of the cart the carman informed me, and one is gone entirely.

Court to Talbot. Did you miss two at that present time? - While I was taking care of the prisoner, the rest drove the cart away, and I lost one then entirely.

Court to Field. What were in these tubs? - Salted pork, they had all salted pork in them.

Q. Was there any marks on the tubs? - Yes, S. T. I am positive that is one of the tubs that were in the cart.

Prisoner. I was recommended to do a job in Westminster, I am a chair and cabinet maker, one of my shopmates told me he could tell me of a job in the Borough, I met some of my old shop-mates and we went and had three or four pots of beer, when I came over the middle of London Bridge, I heard the carman crying out thieves! thieves! thieves! I saw nobody, he runs and catches hold of me by the shoulders and beats me on the head with the whip, I asked him what he did with me? he never said any thing till such times as the watchman came up, then he sent me to the watch-house, I never saw the cart nor tub till it was brought into the watch-house; by my running across the way he catched hold of me by the coat; there is a good many in court that knows me, that I am a very hard working man.

Merryman. I have had the care of the tub ever since; this is the tub that I took from the watch-house.

Prisoner. It is impossible for me to lift this out of a cart, I am not such a strong man as to lift that tub up. I have not got a friend in court nor nearer than Birmingham. My Lord and gentlemen of the jury, I beg for a little mercy, I am innocent of the offence.

November in the 19th year of his present Majesty's reign, at the parish of All Saints in the town of Harford, then took to wife one Mary French , spinster; and that afterwards on the 13th of December , in the parish of St. Botolph without Aldgate , did take to wife one Margaret May , spinster, and to the said Margaret was then and there married, his former wife being then alive .

JOSEPH GREEN sworn.

I am a constable belonging to the City; I am the person that apprehended the prisoner, I have got the certificate of the first marriage at Harford; I compared it word for word with the register and I am sure it is a true copy.

(The certificate of the marriage read.)

Q. Where any of the witnesses present at this marriage? - Yes, Mr. Unwin.

JOSEPH UNWIN sworn.

I know the prisoner at the bar; he is my brother-in-law.

Q. Do you remember any thing of his being married in 1788? - Yes, I gave my sister away, I was father there.

Q. At what church? - Harford church.

Q. What was the name of the first wife? - Mary French .

Q. Is she at this moment alive? - I have not seen her for this twelvemonth, she is down in Essex and has five children.

- POINTER sworn.

Q. Are you acquainted with Mrs. Spendelow whose maiden name was French? - Yes, I see her about three weeks ago.

Court to Unwin. Is it understood in your family that Mary French is living? - Yes, it is.

MARGARET MAY sworn.

The prisoner married me under the pretence of a single man.

Q. When was this marriage folemnized? - This day five weeks, at Aldgate church by licence.

Q. Is the register here? - Yes.

JOHN TASKETER sworn.

I am clerk of the parish of St. Botolph Aldgate. On the 12th of December, I had notice given to me, that there was to be a licensed wedding on the day following, I asked very particularly whether it was to be in our parish or not? The next morning the parties were William Spendelow of the parish of Great Stambridge in the county of Middlesex, (as given to me) a batchelor, and Margaret May , of the parish of St. Botolph, Aldgate, a spinster.

Q. Was you present at the marriage? - I was.

Q. Should you know the parties again? - Yes, both of them, the prisoner at the bar I know is the man to my certain knowledge, and the young woman is the other.

JAMES MILLER sworn.

I gave the young woman in marriage the 13th of December.

Q. Are you related to her? - No, none at all.

Q. Are you acquainted with her? - Yes, for this four or five months.

Prisoner. I wish to say I was very much intoxicated with liquor.

- sworn.

I know the prisoner at the bar exceeding well, he was at my house three or four days before this last affair happened, he went on in such manner that I could not make out what he said, I had business to do with him, I have known him for five years, this last time he came and wanted me to give him money for a

draft; he comes of a very respectable family; I am sure that young Spendelow must be out of his mind or stupified; that was two or three days before he was married to this unhappy woman.

- sworn.

I have known him for some time, he was at my house and put his horse up on the Monday that he was married on the Friday morning, he has been a customer to me for some time, I am an inn-holder in the City of London, he has been brought up a farmer, he always behaved in a very decent way when he came to my house; I have supplied him with cash for notes at various times. On Thursday he pushed me very hard for fifteen pounds, I denied him because I thought there was something in him not right, at different times he would go and sit down in different parts of my room and fall a crying, and tare his hair, and then he would come to me and want money; we missed him on the Friday night, on the Saturday morning he came into my house about eight o'clock in the morning and asked me for a horse; I let him have a horse, he said, he would go down in the country and see his wife's relations; on the Saturday morning his late wife came to my house and asked for Mr. Spendelow, the reply I made was that he was gone out of town; my wife informed her that Mr. Spendelow had gone down to see his wife's relations; she asked whether he had a wife? my wife replied that he had been married for upwards of four years; she says I was married to him yesterday; I said I am very sorry for it, but I don't think he is right in his mind; says she, I thought so, for he pinched me here, and he pinched me here, I never was served so before; I asked her how long she had known him? She said since Tuesday morning.

- STONARD sworn.

I am a cornfactor. I have known his father for a great number of years, and he naturally applied to me since he came into business for himself. I have very little to say to his character; I never heard any harm of him, and I have had reason to think that he was rather deranged, that he was not always as he should be.

GUILTY . (Aged 25.)

Imprisoned twelve months in Newgate , and fined 1s.

Tried by the London Jury before the Lord CHIEF BARON.

Reference Number: t17940115-40

108. JOHN FLOODE was indicted for stealing on the 26th of December , two pint pewter pots, value 1s. 3d. the goods of Joseph Ruffle .

JOSEPH RUFFLE sworn.

I am a publican . I keep the George, in Queen-Ann-Street West . The witness lived with me, and told me, that the prisoner had taken two of my pots, and two of another person's; they had him then in custody at Marlborough-street; I went down, and saw the pots were mine

DAVID HALL sworn.

I know the prisoner. I am Mr. Russle's servant, I was out after my pots, and I put these two pint pots on the area steps, at No. 24, in Queen-Ann-street West. As I was coming up the area steps again, I saw the prisoner, and asked him, what he did with these pint pots in his hand? he did not answer, but made off as fast as ever he could up Wimpole-street. I instantly went after

him, and caught hold of him, and I found these two pint pots on him; they are Mr. Boxall's, a publican, who is ill in bed; he heaved my master's into the high road, before I got up to him.

Q. At that time did he live with Mr. Ruffle? - He never lived with Mr. Ruffle as a servant.

Q. Do you know from whence he took these pots? - He took these two, that he threw away, from No. 24, in Queen-Ann-street West.

Q. How could he get your master's pint pots? - Because I was getting of them in.

Prisoner. Mr. Slack was the man that first stopped me, this man, he came up, and brought two pint pots in his hands that I knew nothing about.

GUILTY , (Aged 30.)

Imprisoned one year in the House of Correction , and fined 1s.

Tried by the first Middlesex Jury before Mr. Justice GROSE.

Reference Number: t17940115-41

109. JOHN LAMB was indicted for stealing on the 2d of January , one pair of leather boots, value 16s. the goods of William Plimpton .

WILLIAM PLIMPTON .

I am a corn chandler . The 2d of January, Mr. Jones came to me, and asked me, if I had lost any thing, if I had lost a pair of boots? I told him, I would go and see; I went, and missed a pair of boots; he asked me, what sort they were? I told him; this was on the 2d, the Thursday; on the 4th, they came down to me, and told me, the man that was taken that offered the boots to fell, was at the office; I went down to the office. I saw the man there, and I saw my boots; the boots were in the hands of the officer, I don't know his name; they were a new pair of boots with three C's wrote behind in the leg of the boots.

ROBERT JONES sworn.

On the 2d of this month, the prisoner came to my shop with a pair of boots, and offered them me to fell. I am a shoemaker, in Rosemary-lane, near to Tower-hill. I told him, I thought, he did not come honestly by them; he said, they were his own property, I told him to call again on the Saturday following, and detained the boots.

Q. Did he come to you again on Saturday? - After that, I shewed them to a man that happened to know Mr. Plimpton, and he gave me his address.

Q. What led you to think that the boots belonged to Mr. Plimpton? - His name was on the boots, and this man gave me Mr. Plimpton's address, and I went and asked him, if he had lost a pair of boots.

Q. Did the prisoner come on Saturday to you? - He did, he came about eleven o'clock, as nigh as I can guess; I sent for a police officer, and I took him into custody.

Q. Did you hear the prisoner say how he came by them? - I don't recollect he did.

Court to Plimpton. You missed these boots you say on the 2d of January. Did you miss them before Mr. Jones came to you? - No.

Q. How soon had you seen them before that time? - The morning before, the first of January, (New Year's Day).

Prisoner. As I was coming down Houndsditch, coming towards Bishopsgate church, I picked them up in a bit of a bag. I am a silk-dresser by trade.

110. ANN LEARY , PATRICK LEARY , and HANNAH DONELLY , were indicted for stealing on the 27th of December , a hundred and twenty halfpence, value 5s. and a linen table cloth, value 5s. the goods and monies of Peter Dowling .

MARGARET DOWLING sworn.

I am the wife of Peter Dowling . On the 27th of December, some copper halfpence, and a table cloth were lost. I cannot tell to the amount of how many halfpence, they were in a pickling jar.

Q. When had you last seen them in the jar? - About half an hour before I went off the bar.

Q. When did you go out of the bar, what time of the day? - About three o'clock to the best of my knowledge. I keep a public house, the George, in George Yard, Whitechapel.

Were there a good number of halfpence, or only a few? - Before I went out of the bar the jar was about three parts full, it would hold forty shillings worth.

Q. Were they wrapped up in any thing, or laid loose in the jar? - Loose in the jar.

Q. What have you to say with respect to the prisoners? - When I went out of the bar, my husband was called out of it too, and there were seven of them altogether in the bar drinking.

Q. Do you know who called him out? I believe it was the distiller's clerk, and when he came in, he missed the jar of halfpence; he called me in, and I missed them, jar and all. I thought my husband had put them up somewhere; and when I could not find them, I charged all with it that were in the bar; the three prisoners and four more were there, when I went out of the bar, they were there, when I went in again, they were in their own house; I charged the officer with them.

Q. What induced you to suppose they were the persons that took the money? - Because there were no other persons about me; after they were searched, the halfpence were found in the pocket of Ann Leary ; a great many of them, I did not reckon them.

Q. Was she searched in your presence? - Yes, I was present when the halfpence were found in her pocket.

Q. To what amount, were they found in her pocket? - I cannot tell. After searching their pockets, there were some found on the floor, between the chairs in which they were sitting, and the duplicate of a petticoat which they had pawned that day.

Q. Is the pawnbroker here? - No, it was not my petticoat, it was her own; after searching them round, we could not find the jar; the two Leary's live at the next door, and the other woman lodges along with them; going to the house, and searching, we searched for the jar, and I did not find the halfpence that were lost.

Q. Did you find any quantity of halfpence in the house? - None; the constable stopped down, and under some coals in the coal hole, he took out a table cloth, and I said, it was mine; it was a linen dinner table cloth, it is here. (Produced.)

Court to officer. Where did you find that? - In the coal-hole under the stairs, by the side of the fire place; it has been in my possession locked up ever since, in the same state and condition in which I found it; it is marked, J. P. No. 3.

Court to Prosecutrix. When did you miss that table cloth? - I did not miss it till the officer gave it me.

WILLIAM HANSON sworn.

I am a constable. On the 27th of December, I was at Peter Dowling 's house, the George, in George-yard, Whitechapel, with an intent to serve a warrant on a person in that house, and I saw the

prisoners in the tap-room, and Mrs. Dowling came out to me, and said she had been robbed; she did not know by whom, it was by one of these seven people. I said, I will search them; I asked, if they had been out? she said, yes; I said, I was sorry for that; I searched Ann Leary, and in her right hand pocket, I found three shillings in halfpence, and five farthings; I asked her, how she came by them halfpence? she said, that she had that afternoon pawned a petticoat in Whitechapel, for two shillings; I told her, there were more than two shillings worth there, and I found the duplicate in her pocket, that she had pawned the petticoat for; I told her to stand on one side, while I searched some of the other prisoners; I searched all the prisoners round, but I could not find any more than is usual for any body to have, Forster, whom I got to hold the candle, said to me, here is some halfpence on the floor; I went to them, and there were eighteen-pence worth of them; I searched them all round, and I thought, that I saw Ann Leary put her hand into her pocket again, and I asked her, what she was doing with her hand in her pocket? she said, nothing; I put my hand into her pocket again, and I found thirteen-pence halfpenny more, besides what I found before. Afterwards, there were two men in the tap-room, and I desired them to take care of the prisoners; and I went to Patrick Leary's house to search for the jar; in searching for the jar, I found this table cloth quite covered with coals, on the right hand side of the fire place; I held it up in my hand, and said, what is this? Mrs. Dowling was standing behind me, she said, that is my table cloth; I asked her, what mark was on her table cloth? she told me the mark exactly as it is, on it.

WILLIAM FOSTER sworn.

On the 27th of December, Friday, I was in the house of Mr. Dowling; he said to me, if you are not engaged, I will be glad, if you will come and see me inthe course of the day; I went, about three or four o'clock in the afternoon, Mr. Dowling brought down a jar of halfpence, he placed them on the bar, near to where they were drinking the liquor; there were a number of people in the bar, to the amount of about a dozen, the prisoners at the bar were three of them; they sat on two chairs, Ann Leary between her husband, and Hannah Donnelly , she sat on the knees of her husband and Hannah Donnelly; Patrick Leary fat nearest to the jar of the three. In the afternoon, after a while, I heard Mr. Dowling call out to his wife, I am robbed. I was doing a little business for him, as not being any ways engaged that day. They had frequently gone in and out in the course of an hour; they had gone several times back ward and forward. The first, that the officer searched, was Ann Leary , I held the light; he searched her right hand pocket first, and there found three shillings and three pence in halfpence, and five farthings. He then went round to search the remaining people that were in the bar, he searched the husband, but found nothing on him, not above three or four halfpence; he then went, and searched the remaining part of the company, and during the time I was looking about with a light, and underneath the chairs, between where Donnelly, and the other two were sitting, I found a quantity of halfpence laying all loose about; I then said, Hanson, look here; he said, don't distub them till I come; and when he came, he took them up and counted them into a handkerchief, they amounted to eighteen pence; he then says to Ann Leary , what do you have your hand in your pocket for? and then made a further search of her, and found thirteen pence halfpenny in the same pocket again; he then said to Ann Leary , what is the

the reason, that them halfpence were in your pocket again? who made answer, they were what he had left in her pocket, when he searched her; he then said, it would be proper to search the houses of the two people that were standing there. In consequence of which, we called two people out of the tap-room, to take care of the bar, while we went and searched the house along with the constable; he searched the lower room, underneath the stairs out of the coal hole, he was taking with a stick, and he raked out a table cloth. Then, when he brought it out, he said to Mrs. Dowling, do you know any thing of this? Mrs. Dowling said immediately, it was her table cloth. I know the table cloth to be the property of Mr. Dowling, and I saw it that day, by seeing of it in the bar, and Mr. Dowling told me, that he had bought it a day or two before, I cannot be positive. I knew it by these marks, J. C. No. 3. and a small cross in the centre. I then returned back to the bar, and walked along with Mrs. Dowling, and the prisoners to the magistrate; during the time we were going to the magistrate, the prisoner, Patrick Leary, said to me, that there was a quantity of halfpence taken by Hannah Donnelly , and the jar, and a part of the quantity was given to his wife.

Prisoner Leary. Ask him, in what part of the room I sat, and where the halfpence were? - He sat at the part of the room where the halfpence were, the man, and they were standing in the bar, near to the window.

Prisoner Patrick Leary . I came to this house about two o'clock in the day, as near as I can tell. I called for a pint of beer. This Ann Donnelly lodged in my house about six weeks before this. The girl was attending in the house before me; attending in and out of the house, I supposed, she was to help them; so I came into the bar, and I was for some time there, and this acquaintance of mine that was with me, told me to send for this woman, that he wanted to see her; so she came into the bar, and had some beer, and I paid for my part of it. I never saw any thing of the halfpence, nor don't know any thing about it. After a time, they missed the halfpence, they went to my house to look for them; they told me, they found a table cloth; Madam, said, Ann Donnelly, what need you make a piece of work about that table cloth? I borrowed it of you to-day.

Prisoner Donnelly. I was cleared before the justice, and I came out, and said something to her, she did not like, and they took me up the next morning, and carried me before the justice again.

All three, Not GUILTY .

Tried by the first Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17940115-43

111. MARY MACARTHY was indicted for stealing on the 12th of December , a woollen blanket, value 6d. two linen sheets, value 6d. and a stuff gown, value 6d. the goods of Richard Skinner .

ELIZABETH SKINNER sworn.

My husband's name is Richard Skinner . I rent a lower apartment, and a two pair of stairs room, in Rosemary-lane . I was robbed on Thursday the 12th of December. I get my bread in the street, and I was out about my business; I sell fish, and I pitched at my place where I stand, and left my girl there to come home, and give my children some dinner; after I had done that, I locked the two children in doors, and came to my girl again. Meantime, I was stopping with my girl, a loy came and told me, Mrs. Skinner, I have seen a girl

come out of your place with a bundle, I said, don't say so, my lad, for I have locked my children in the place; I went home directly, and I found my lower apartment fastened.

Q. Was not you at home to dinner? - No, I left my girl to mind the goods in the street. I dined in Well's-street, at the Black Horse door, by Well-close-square; I was there in at doors at dinner where I stand.

Q. When you was told, that you had lost the bundle, did you go home directly? - Yes.

Q. About what time was this? - Between the hours of one and two.

Q. What did you miss? - A pair of sheets, a blanket, and a stuff crape gown.

Q. Where did you miss these articles from? - Out of my two pair of stairs room from off my bed.

Q. Did you ever find these things after you lost them? - I found them at the pawnbroker's, Mr. Guest's, at the corner of Abel-buildings, Rosemary-lane. I was told, that she was in there with the things, in the lane where I live.

Q. As to the prisoner, when did you first see any thing of her? - I see her in the pawnbroker's, as well as the things. I never saw her before in my life.

MARY BUCKNEY sworn.

I am a hard working woman. I saw this woman come out of the prosecutor's house, on Thursday the 12th of December, she had the things loose hanging on her arm; I sent a little girl after her, to see where she went to, and the little girl saw her go into the pawnbroker's in Rosemary-lane; the prisoner was there.

Q. Did you see the articles? - I did not see them then.

Court to the Prosecutor. In what manner do you suppose the person got into your house, how was your door fastened? - I cannot say that the place was fastened, because I leave my children in the room.

Q. Were your children in the rooms from whence these things were taken? - They were gone long enough after my children went down stairs.

Q. How could the woman get in? - I did not fasten the door up stairs, the children were below at home, and I locked them in.

Q. Were these taken from a room up stairs? - They were in a two pair of stairs room.

JOHN DILLON sworn.

I am a servant to a pawnbroker.

Q. Look at the prisoner. Did she ever pawn any thing with you? - I cannot say that ever she did or no. I recollect her coming into the shop, the morning before this happened; but I do not recollect her pawning any thing.

Q. Was any thing pawned by any body the day of this robbery? - Yes, a good many things were pawned that day.

Q. I mean the articles in this indictment? - None of them were pawned that day, they were offered to be pawned.

Q. Who offered to pawn them? - The prisoner at the bar; she came in with a bundle the 12th of December, about two o'clock, and took the sheets out of her lap, and laid it on the counter. My master took it up, and looked at it; she brought a stuff gown, and one blanket, she did not offer to pledge them; she offered to pledge one sheet, but she brought a pair. I stopped her; there was an officer sent for, and never a one came; the woman stopped of her own accord in the shop; there was a little boy went for an officer, and never a one came; he went of his own accord, because he saw an uproar.

Q. Then the woman was in your shop, and she was not detained by you? - No. A woman came, and told us not to take

them in, for she had stolen them; it was one Martha Barnet , she is not here; we stopped the property, and put it behind the counter, till an officer came; she stayed till the prosecutor came, and took her up to a magistrate.

Q. How came she to stay there? - She was afraid to go out, on account of the mob about, there was a great mob at the door.

Q. Did any body come in, and claim these goods? - We kept the property till the officer came down, and we took them up before the magistrate, and the woman was delivered to the constable.

Q. Who has kept the property from that time to this? - I don't know; it was taken away by the officer at night, and he has never returned it to us.

WILLIAM HANSON sworn.

On the 12th of December last, Thursday, I was standing at the office door in Lambeth-street, Whitechapel, there was a mob of people bringing the prisoner up, and they told me to take charge of her. I asked, what she had been doing? and they told me; and I was told where the property was; I went to the pawnbroker's, and he desired me to take the property away, as they had not taken it to pledge; it was that boy, (John Dillon) that gave me the property. I have kept it ever since; here are two sheets, one blanket, and one gown.

Prosecutrix. The woollen blanket is mine, I bought it, and paid for it, there is no mark on it. I can swear it to be my blanket, because it is mine; I lost it that day and hour; the sheets are mine; my name is not on them; I can swear them to be mine. The gown is my own, I have wore it; I put it out to be forebodied, and sleeved, it is mine, I can swear to it.

Prisoner. All that I have got to say, is I lodged with this woman, and I was to pay a shilling a week for my lodging; my husband went to sea from me about a month ago, and I fetched these things to lay on the floor, them two sheets and blanket; and I being out in the country for a month, and when I came back, she would not give me the things; she had a guinea of mine, and I could not get the money from her; and so I was a little in liquor, and I went and took the things, as she would not let me be there. The pawnbroker seeing I was in liquor, he had some suspicion of me; so there was a croud gathered together about me, and alarmed, and made a piece of work, that I stole these here things; and this woman comes and owns these things, that they were her's. I had things taken from me by that woman several times. She took a linen gown from me, that I gave seven shillings and six-pence for, in Rag Fair, and she gave me that old gown there to put on, which is all tore. I being a stranger, she wanted to do me out of every thing that I had.

Mrs. Skinner. I never saw her in my life with my eyes, till I saw her in the pawnbroker's. I never knew her husband, nor she.

Prisoner. Before I had these things of her, I took off my cap from my head and handkerchief off my neck, and gave to her.

Court to Buckney. Are you acquainted with Mrs. Skinner at all? - No, my lord.

Q. Do you happen to know any thing of this woman or her husband? - I am entirely a stranger.

Prisoner. I have got no friend in the world except God almighty and myself.

112. THOMAS WILLIAMS was indicted for stealing, on the 20th of December , 10lb. weight of nails made of coppers and tin, value 10s. and an hempen bag value 1d. the goods of William Bates .

(The case opened by Mr. Knowlys.)

WILLIAM BATES sworn.

I am a slater , I was employed to slate the new church at Hackney , by contract. On the 20th of December, before five, I had occasion to go to a shed, adjoining to the New Church-yard, as a tool house, the Church-yard is fenced with a wood sence, while the church is building, I went there with the other witness, Burn, in order to see what two inch and a half nails I wanted, the nails we used were two inches and a half, two inches, and one inch and a half, they are made of copper and tin; there were three forts found in his lodgings, but the two inches and a half sort are not common in the business; I was bound by the surveyor to use a particular sort of nails.

Q. By whose directions were these nails made? - By my own, I furnished the pattern to the surveyor.

Q. Who were the founder that cast them? - Mr. James Burrows in Houndsditch.

Q. Was the prisoner at this time in your service or not? - He was as a labourer slator. When I went to look into this tool house, I found about ten pounds more or less in this bag.

Q. Were they all the two inches and a half sort or were they mixed? - Mixed, with large ones at the bottom.

Q. With how many forts were they mixed? - Three, it was a bag that was kept on purpose for long nails.

Q. Was it an unexpected thing by you to find three forts in this bag? - It was.

Q. Did that excite any suspicion? - I cannot say it did at the time.

Q. Where were the other fort of nails kept? - In tubs. The bag was put on the top of the tub; I had the other witness with me that saw them, I then gave him a note to go to Mr. Burrows for half an hundred more of two inch and a half, and two inch, and inch and a half; I went home then, all the men had come out of the yard except the prisoner, the remainder part of the men went home with me, the prisoner stayed behind.

Q. Did you see the prisoner there or did you only suppose that he stayed behind? - I only supposed that he stayed behind, I saw all the others leave work, he was on the premises at that time, I left him on the roof when I came down from the roof, before I left the premises, if he had gone out of that yard he must have come through a door that I must have seen him; I received some information that evening, I got up at five o'clock the next morning, and was in the Church-yard just as the clock struck six, that was before the workmen came to work, then I went into the tool house as soon as the doors was opened, and I searched the tool house and found the bag missing with its contents, I waited there till half past seven when I saw the prisoner coming with a bag in his hand in the old Church-yard, I went to him, as soon as he saw me, he had the bag in his right hand, he put it between his great coat and his little coat, this was as soon as he saw me, before I could get up to him; I then asked him what he had got there? He said nothing; I then took the bag from behind him and I asked him what he had done with the nails that were in it last night? he said he had not taken any thing with it but a bit of mortar.

Q. When you got possession of the bag was you able to say whether it was

the same bag that you kept in that place? - Positive, I made it myself it was one that was cut of a large one that was wore out, and we cut the large ones up and make smaller ones of them as they wear out; I then took him to a public house to get an officer.

Q. Did he say any thing at that time? - He denied it strictly, still persisted; I then left him there, I was not willing to be troubled with a tedious prosecution, that he might go away, and I went on to the church, in about half an hour afterwards he came up towards the building, he there b-st-d my eyes and limbs, and swore that he would prosecute me for taking away his character; I then took him back to the public house again and I then sent for an officer, I then when the constable came, gave him his choice either to go into the cage or to go home about his business, and send his wife at night and I would pay her, and never let me see his face any more, to do which he liked; he then said he would be damned if he would not see himself righted, then he was put into the cage till eleven o'clock, and he was taken before the bench of justices in Worship-street, he was there committed for re-examination but was taken into a public house adjoining to the office.

Q. Before the magistrate was any thing said to him advising him to confess, that it would be better for him? - There were not. He was taken in custody of the officer to the public house, when I was going away, he then said that he had got something to say to me, he had been examined before.

Q. Had you said any thing to him to frighten him into a confession of his guilt? - I asked him to turn evidence against the man where he sold them.

Q. Had you desired him to confess, or made him any promise? - No, nothing.

Mr. Knapp here objected to going into the evidence of the prisoner's confession but was overruled by the court.

Q. What did he say? - He said he had never sold any; he then was taken into the little room and the magistrate was there, he confessed before the magistrate.

Q. Was what he said before the magistrate taken in writing or not? - It was not.

Q. Did the magistrate make him any promise of favour? - Not that I heard and I was in the room.

Q. Do you think if he had you should have heard it? - I am sure I should. He there confessed to taking three pounds of nails.

Q. What were the words? - Them were the words, and he likewise told the justice where they were at his lodgings. the officer and I and the prisoner went to the lodgings, but I did not go up, we went by his own directions where he pointed out.

Q. Where were the lodgings? - I really cannot tell; I went within five or six yards of the door; the officer went up and the prisoner went up with the officer.

Q. Was there any thing brought out of that. house? - Three pounds two ounces of nails and other things, the officer brought them out and the prisoner with him, the officer has got the nails, the officer then requested of me to go up into the room likewise, I went up and he searched the room, and he charged me to aid and assist him to take him back to the office, when he was committed for reexamination on Monday, when he was finally committed.

Mr. Knapp. I take it for granted you employed a great many workmen in this slating of Hackney Church? - Yes, sometimes more and sometimes less.

Q. How many at this time? - I believe there might be eight persons at this time.

Q. You say that you furnished the pattern of the nail that you have described? - I filed the nail up and I took it to Mr. Burrows that he might cast me a certain quantity according to that sample.

Q. Are you a nail maker? - I am not.

Q. Do you deal in them? - I deal in them when I buy them.

Q. Do you deal in them as a manufacturer of nails? - No.

Q. You then employ of course a person dealing in that trade for the purchase of them? - Yes, I buy them of the founder.

Q. How long have you been a slater? - Fourteen or fifteen years.

Q. Perhaps you have roofed many churches before this time? - Yes, I have.

Q. Perhaps you have used the same sort of nails? - No, I never did.

Q. Then this was a new scheme of your own to try these sort of nails? - It was.

Q. Not being a manufacturer of nails you will not say that other manufacturers of nails might not have the same sort of nails? - When the founder is here he will prove that he cast them; I did not tell you that I made them.

Q. Why so angry? Will you take on yourself to say that other manufacturers of nails might not have some of the same quality that you charge to have lost? - I verily believe that they have not.

Q. Then if nail manufacturers are here, and will produce nails of the same quality, and exactly similar to your own, you will be surprized? - No, I shall not.

Q. I like that answer extremly well, with respect to the bag, how long might you have had that bag belonging to you? - About six months or more.

Q. You say it is made out of a large bag? - It is.

Q. What purpose is this bag for? - To take nails in smaller quantities for smaller jobs.

Q. I take it for granted that your workmen take this bag out to do their jobs? - Yes, they do, but not of that kind.

Q. You say you observed the bag and made it yourself out of an old bag, you have many other bags in your warehouse? - I had none of that size exactly.

Q. Now this bag with the nails, you saw in a corner of the shed, the night before? - I said, it was on a sirkin in the shed.

Q. And you looked in there and saw ten pounds of nails? - I did not look in, Burn took it out of the tub and gave it to me, I saw the nails.

Q. You say, seeing this, it created no suspicion in your mind? - No, none at all.

Q. You stated just now to the court that it was unusual to put these sort of nails in the bag, did it not surprise you to see a quantity of these nails in a bag on a sirkin? - No, it did not at all.

Q. That bag was in the use of taking a quantity of nails out of the tub and carrying upon the roof? - It was employed for taking large nails only.

Q. Now with respect to this bag, has it never happened to you to lend this bag to workmen for any purpose whatever? - Never in my life.

Q. The prisoner at the bar never borrowed this bag for any purpose? - Never, he has a bag of his own.

Q. Then he never borrowed the bag in the question? - Never.

Q. You say that the prisoner before the magistrate stated what you have said, by way of confession, that he had taken three pounds weight of nails, was your examination reduced to writing

Q. Then you know very well it was taken down, why did you trifle with the jurors time in this way, as your examination was taken down in writing, and the other witnesses, was not the examination of the prisoner, that you have been talking to my learned friend, taken down in writing? - I cannot tell whether it was or not, I will not swear either way, I don't know that it was, I did not see it wrote.

Q. What did you mean by daring to say that it was not taken in writing? - I did not.

Q. What did you mean that you believed it was not taken down in writing? - I signed a paper myself, but whether there was any thing else more than what I signed, I know not, it might be taken down, for any thing I know, and it might not.

Q. What did you mean by telling my lord that you believed that it was not taken in writing, on that presumption my lord took the confession as part of the evidence against the prisoner; both times when you was before the magistrate, was there any examination of the prisoner taken down in writing? - Not to my knowledge.

Q. Do you know whether there was not? - I did not see any of his consession.

Q. The confession of the prisoner, will you swear that it was not taken down in writing? - I do believe it was not.

Q. Will you swear positively? - I will, if the confession is what you mean.

Q. Now you mean to swear positively that there was not any confession taken down of the prisoner? - I did not see any writing, and from that I should naturally suppose that there was none.

Q. I believe there were other persons suspected of this as well as the prisoner? - Not to my knowledge, never, not in stealing of the nails, but I have of lead.

Q. The prisoner told you where to go to his lodgings? - He keeps two different lodgings, he went with me by the desire of the justice.

Q. He complied with that desire, and shewed you his lodgings, where these nails were found; the very next day he brought the bag back to Hackney Church; you know; you took it from him? - I did.

Q. There were three sorts of nails described to be in this bag, do you mean to swear to the others as well as to the two inch and half nails? - I should not have sworn to them, if it had not been for his uncle.

Mr. Knowlys. This person first of all went through a regular examination before the magistrate? - He did.

Q. Did you see any writing going forward at all? - No, only the clerk wrote a paper, which I signed after they were all gone away.

Q. Was there any writing going forward at that moment that he gave his confession? - There was not.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace Oyer and Terminer, and Gaol Delivery for the City of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 15th of January 1794, and the following Days; Being the SECOND SESSION in the Mayoralty of The Right Hon. PAUL LE MESURIER , Esq. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY MANOAH SIBLY, PROFESSOR OF SHORT-HAND, No. 35, Goswell-Street, And Published by Authority.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer and Goal Delivery for the CITY of LONDON, &c.

Continuation of the Trial of THOMAS WILLIAMS .

JOHN BURN sworn.

I was in the employment of Mr. Bates at the time that this matter took place, my master gave me orders to go and fetch half a hundred of nails from the brass founder's, a quarter of a hundred of a sort, then he told me to bring down the two best bags that were on the top of the church, to carry these nails in, I brought them down, one full and the other empty, when I came down my master had a bag in his hand for me to bring these nails, I left the bag that had the nails in, in the house with the nails.

Q. Did you go with your master to the tool-house? - Yes.

Q. Was there any bag of nails in the tool-house? - There was.

Q. Was the prisoner at work on that day? - He was.

Q. Was you there when the workman left the work? - We all struck, and I came down first.

Q. Did the prisoner come down with the rest? - He did not come down with them.

Q. Do you know whether he went away with the rest of the workmen, or whether he stayed behind? - He stayed behind, I mean the day before he was taken up. On the evening of that day I went for the nails according to my master's order, I stopped for the prisoner in my way to town, it was by the desire of one of the men.

quite to me, when I saw him, I saw him crossing over the other side of the way, and he went on, and I followed him, and he had a bag with him, which I thought were nails, this was after I came away from work, I was in my way to London.

Q. How far might this be from the church? - About two minutes walk. Then he had a bag with him, with something in.

Q. Did you say any thing to him when you saw him with the bag? - I asked him what kept him so long? and he muttered, and said that he came behind the coach; there was a coach coming past quite smart, then he walked on a few steps, and I put my hand to the bag, and asked what he had there? he said he had nothing, or to that purpose, and he goes a little further across the fields, and he says to me, John, are you not going out of your way home? says I, I am going right enough, I am going to the brass founder's to get half a hundred of nails; when I came to the brass founder's, at the corner of the street, of Houndsditch, he said to me if I would not stop too long he would wait for me, then I goes to the brass founder's, and the nails were not ready, and I came out, and when I came out the prisoner was gone.

Q. Did you acquaint your master of this business? - I did, that same night.

Q. Was you present when he came back the next morning? - I was not present.

Mr. Knapp. How long have you been employed by your master? - Two years, next June, or May.

Q. Are you acquainted with nails a good deal? do you know the different quality of them? - Yes.

Q. Have you ever seen any of these two inch and half nails before? - Never.

Q. Have you ever worked in a nail manufactory? - No.

Q. There may be other nails of the same dimensions and quality in other warehouses? - There may be for what I know.

Q. Have you ever seen any? - No.

Q. This man said at the brass foundry, if you would not stop too long, he would wait for you? - He did.

Q. I believe you was detained by the mistres? - I did not stop two minutes, and he was gone.

Court. You say that you never saw two inch and half nails before? do you mean respecting composition, or as respecting the size? - I do not understand you.

JAMES GRIFFITHS sworn.

I am the constable, I was the person sent for to take this man into custody, by Mr. Bates, to a public house in Hackney, he had stopped the prisoner with this bag, I took him to the public house in Shoreditch.

Q. Who had the bag, the prisoner or Mr. Bates? - Mr. Bates.

Q. Was he examined before the magistrate? - He was, and ordered for another examination, he went out of the office into the public house adjoining.

Q. When you went into the public house did any thing pass from him? - After we had been there some little time he wished to speak to Mr. Bates, his master, he informed Mr. Bates he had got a little quantity of nails at his lodgings.

Q. Where was it he said this? - At the public house.

Q. Before he said that, did he say how he came by them? - I don't recollect particularly, he informed the magistrate afterwards.

Q. Before he said any thing of this sort, had Mr. Bates made him any promise of favour? - Mr. Bates told him if he would give an account of the whole, where

Q. Did you know where the prisoner lodged before he said any thing? - No, I never see the man before that morning.

Q. In consequence of what he said did you go any where with the prisoner, or did you do any thing? - I went with him to his lodgings in the Borough.

Q. Who directed you to the place where he and you went? - The prisoner himself.

Q. Where did you go to? - I don't know exactly the street, it is a little street on the right hand, just by the Borough, No. 16.

Q. How did you know they were his lodgings? - He told me so himself, I found there a quantity of nails, to the amount of three pounds, they have been in my custody ever since, they are here.

Mr. Knapp. Then we learn from you, though Mr. Bates would not say it, that he said, that he would be as favourable as he could, if he would tell the whole of the story, where he had sold the nails? - He did.

Q. The prisoner told where his lodgings were? - He did.

Q. Do you know the quality of nails? - I never saw any of that metal before.

Q. Perhaps you are not much acquainted with nails? - I am not.

Bates. These are the nails I had particularly for my work at Hackney Church, I swear to them from the size of the nails, I do not swear to the others.

Court to Griffiths. Did you separate the nails? - They were found altogether, and separated by the size of them, before the magistrate.

Q. How many sorts are there? - Three sorts.

Bates. They are the three samples of nails that I used at Hackney, the large ones for the large slates, and the other for different size slates, I have not the least shadow of a doubt about the others.

Court. Do you swear to that sort by the size or composition? - By the size.

Q. What do you believe about the others? - I verily believe those to be my property.

Q. Pray did you happen to know the next morning whether the bag was missing from the tool house or not? - When I went into the tool house the bag was then gone with the nails, and I took him with the bag.

Q. When you took him with the bag was there any thing in it? - There was nothing at all in it.

Q. When you saw him at this time, was he coming up to his work? - He was.

Q. Have you looked at the bag? - I have; it is mine, I know it by the fringe and make of it, there is no particular mark on it.

Mr. Knapp. You swear to the make and fringe. It is a square bag, like any common workman's bag? - No, it is not.

Court. Is it common in the ordinary business for these bags to be taken home by the workmen? - No, They are made to carry certain samples of nails up on the church, as we went on with the business.

Prisoner. I have nothing to say particular; I leave it all to my counsel. My master said that I was the last left in the building; there were twenty men at work after I left the building, of stone masons and carpenters; we were always the first that leaved the building.

Court to Bates. Was there any men left on the building after your men came down? - There were no men of mine, but there were other peoples men.

Q. Are you acquainted with nails? - I am. I am in the same business with the prosecutor, Mr. Bates.

Q. Have you ever been employed in slating a church? - Yes, several.

Q. What sort of nails have you used? I do not remember ever using copper nails to a church? - We are using copper nails, but not to the church.

Q. Have you ever used any tin and copper nails? - I don't know that ever I did.

Q. Have you ever used any nails of two inches and a half? - Yes.

Q. Then you have used nails of that size? - I have.

Q. If you was to see these nails, could you, from the judgment that you have of nails, take on you to swear to the identity of them? - No, sir, I could not swear to them.

Q. Have you ever seen such sort of nails as those before? - Yes, I have some in my possession now.

Q. Other people, besides the prosecutor, may have such nails? - For anything I know.

Q. They are not so uncommon but nail manufactures may have them? - Persons in the slating line have them.

Mr. Knowlys. Where did you get these from? - From Mr. Burrows.

Q. Then you bought them of the same man that the prosecutor bought them of? - I bought them, I believe, December the 7th, I ordered them of Mr. Burrows in November, and they came home the 7th of December.

Q. Be so good as to look at these of Mr. Bates's. Are they the same as your's? - Mr. Burrows is the founder for Mr. Bates, and he founds for me.

Q. You say you don't use such nails yourself? - The people under me use them.

JAMES BURROWS sworn.

I live in Houndsditch; I am a founder of nails.

Q. You are employed by the prosecutor, Mr. Bates? - I am.

Q. You have been employed by the last witness, Mr. Dyson? - I have.

Q. Mr. Bates has been describing to the jury some nails that you cast particularly to a pattern of his? - I made him some nails to a direction, a two and a half nail.

Q. Is that peculiar to Mr. Bates? - Mr. Bates had the first, and Mr. Dyson had some since, and Mr. Roberts had some since; that is all I have made of that pattern.

Q. Are there any nails that you would take upon you on your oath to swear to? - I know them that I made, but whether I sold them to Mr. Bates, Dyson or Roberts, I cannot swear.

Mr. Knowlys. You have only sold three parcels that you made to Mr. Bates's pattern? - Yes, last Wednesday I sold a small quantity besides.

Q. Mr. Bates and Dyson, to whom you sold another small parcel to, buys them for the purpose of using in his trade? - I should suppose so.

Q. Did Mr. Roberts use them in his trade, or buy them to sell? - For his trade.

Prisoner. My master took his oath before the justice, that them were not the nails that were missing that night, and he valued them nails at six-pence before the justice.

Court to Burn. Did the bag appear full or empty when you saw it in the prisoner's hand? - Full.

113. JOHN HAWKEY was indicted for making an assault, on the 21st of June , on William Knapman , an officer in the excise , in the execution of his office, and for unlawfully, and violently obstructing him in the execution of his office , in the county of Cornwall .

Indicted in a Second COUNT for unlawfully and forcibly opposing and obstructing him in the execution of his duty, omitting the assault.

(The indictment was opened by Mr. Knowlys, and the case by Mr. Fielding.)

(The witnesses examined separate.)

WILLIAM KNAPMAN sworn.

I live at Wainbridge, in Cornwall.

Q. Was you an officer in the excise there on the 20th of June last? - Yes.

Q. How long had you been in that part? - About two years and a half at Wainbridge, or near to that.

Q. On that day you had information, I believe, of a cutter being on the coast? - Yes.

Q. Who went with you? - Mr. Haynes, an officer of Port Isaac.

Q. An officer of the excise? - Yes.

Q. Do you know the prisoner at the bar, Mr. Hawkey? - Yes.

Q. About what time did you set out for the coast? - About ten o'clock at night.

Q. In your way did you see any body that you knew? - I saw a person that Mr. Haynes told me to be Mr. Hawkey.

Q. You did not know him at that time? - This happened in the night; I tried to be undiscovered to them.

Q. When you got to the Beech what did you observe? - Five horses loaded with anchors farther out. The Beech is a large place. There were other horses nearer the Sea, these five horses we attempted to seize.

Q. In what way were they loaded with anchors? - The anchors had ropes so fastened on each side of the horse.

Q. You say you attempted to seize these five horses, what happened then? - Mr. Haynes ordered one of them, a man that he knew, one Skiller, to drive them on; he said he should wait for his copartners; with that they gave a shouting. We were together at that time.

Q. How many persons were there? - I suppose there must be fifty at least, a large number of men and horses. Then they began to throw stones at us, one of these, a large stone, struck me on the side of the head, and nearly fetched me off my horse, it broke my head; we then rode off, we were obliged to turn about to the right, and they kept throwing stones all the while till we got out of their reach on the top of the hill, where we saw the boat plying to and fro from the cutter; as soon as they came in they gave three shouts; we stayed about an hour; I do not immediately recollect to a few minutes, watching the cutter, to see if any single horse should come up, and we be able to seize them; in the mean while two persons came creeping up to where I was, and I thought it was proper then to ride off, and I rode off; we then rode off to about five hundred yards; we saw a quantity of men coming down a field, we thought they were running after us; instantly, there came a cloud of stones, such as they cover the houses with, flat tiles, a stony slate. I made a little longer turn than Mr. Haynes, I was nearly caught by one of these people; but by one means or another, I escaped; the stones were throwing all this time; we then got off to the

distance of two miles for this place, I don't say exactly to a few yards, where we lay in a ditch for the course of an hour, till at length we saw five and twenty horses come by; I told twenty-five horses, to the best of my knowledge and belief; and we stayed till they were gone past us, we thought it madness to make a seizure among twenty-five.

Q. Were they laden? - Yes, with anchors, and men on them; as soon as they were gone by, we thought it proper to go a little nearer, to see where they would deposit the goods. As soon as we came to the distance of about five hundred yards, I don't know exactly to the number of yards, I imagine that distance. We saw a quantity of persons coming back and horses not laden, galloping back towards the wreck; we tried to make our escape, by some accident, Mr. Haynes's hat slew off, consequently, he was discovered. I, at this time, got into a ditch to conceal myself, because they should not see me; and I saw, I suppose, ten or a dozen of these persons riding after Mr. Haynes, saying, blow his brains out, riding as fast as they could after him; they followed him, and I saw no more of Mr. Haynes; then I laid in that ditch for about it might be half an hour, or something thereabouts; then I thought the road all clear of smugglers; I got out, and went a little way on the road after the smugglers still, further than where Mr. Haynes and me were before, expecting to see where they had dropped the goods. In the mean while, Mr. Hawkey, the person at the bar, and some other person came galloping on the road from the beech; these two persons had no goods with them; as soon as I saw these two persons, my idea was, that it was to look out where the officers were. I went into a neighbouring field adjoining the lane, expecting to get out of their way, that I would not be discovered; Mr. Hawkey, by some means or other, saw me go in, and followed me into a ditch.

Q. Was you out of the road? - I went out of the road as soon as I saw these persons, they followed me out of the main road into the field, and into a ditch. I ran into the ditch as soon as I saw them follow me; as soon as Mr. Hawkey came up, he had a pistol in his hand, saying, that he would do something, blow my brains out, or something to that purpose; so I desired him to spare my life, then he immediately put up his pistol again into his left-hand pocket.

Q. I would ask you when he presented his pistol to you, and threatened you, did he give you any reason for threatening you? - He said, he would teach me to look after brandy, that was the expression.

Q. Had you said any thing to him before he pulled his pistol out? - I was trying to conceal myself in the ditch. I did not see him pull the pistol out, he had it in his hand.

Mr. Knowlys. After he put up his pistol, what did he do? - With a bludgeon that he had in his hand, he struck at me, but he missed me in the ditch.

Q. Describe what sort of a bludgeon that was? - It was a large club, such as smugglers carry about, three or four feet long; a common bludgeon, that they ride with.

Q. Was it a stump, or was it a whip? - No, it was a club, a large stick.

Q. Larger at one end than at the other? - No, it was a large thick stick, whether it was as big as my arm I cannot say, I had it not in my hand; the next blow he struck me on the head, with this same stick.

Q. Was your head covered at that time? - I had my hat on, and my handkerchief under it. That blow almost deprived me of my senses, it was a very

severe blow, it was the severest I received; the first blow I did not receive, he sitting on his horse, he did not get off his horse at all, nor did the other person; I received the second blow after I came out of the ditch.

Q. How came you to come out of the ditch? - Mr. Hawkey ordered me out of the ditch.

Q. What followed after this second blow? - Then he ordered me back into the road from whence I came, he struck me several blows in the way, but I got under my horse's neck to save myself, after receiving such a violent blow; as he was on his horse he could not come at me so well, I received one on my left arm, I was lamed in it, but as it was my left arm it did not hinder my writing, but I felt the effects for some weeks, at least I was able to hold my book on it, there was no great strain, but I felt it very severely for about three weeks, I did not decline my business on account of it.

Q. What past in the road? - He then struck me again, and ordered me on my horse, I was off my horse all this while.

Q. What became of the other man? - He came up and struck me also, but I did not know that person, the other person did not strike me in the road, he struck me in the field, before I came into the road; as soon as I got up on my horse he told me which way to go, towards the beech.

Q. Was that in a contrary direction to where the anchors were carried up? - It was; as soon as I got through the gate I turned about, and said I should find out his name, I said that to Mr. Hawkey; he then said my name is not Knapman, wishing he had Mr. Haynes, the other officer that was with me, that he should share the same fate, that was the expression as near as I can recollect; I then rode off towards the beech, I saw no more of Mr. Hawkey that day; I rode then to Port Isaac, from that place, and waited at Port Isaac till Mr. Haynes came, which I suppose was an hour or two, I cannot be positive to half an hour, to consult about the business, what we were to do in this matter, the next day I saw Mr. Hawkey at Wainbridge, there was a fair there that day, Mr. Newelling the supervisor was with me, I said to Mr. Newelling, there is the man that used me so ill yesterday, and Newelling and I went to look for him, we did not see him after that day.

Q. Are you certain he is the man? - I am confident, I had seen him before, I have not the least doubt in my mind, I am as confident of it as I stand here, because it was by day-light that this circumstance happened.

Court. About what time was it this happened? - It was between three and four in the morning, to the best of my knowledge.

Mr. Fielding. Was it light? - It was light the whole night, but it was quite day-light, as light as it is here now. As soon as we had consulted at Port Isaac what to do, I set off to Bodwin, to acquaint my supervisor of the business, he was not at home, there was a messenger dispatched for him.

Q. Did you go afterwards in pursuit of the cargo? - Yes, Mr. Newelling and myself and five others; I think it was about six or seven in all went to the place where I supposed they had dropped the goods, we then found four anchors, and at some little distance we found eleven more.

Q. How many gallons did you find on this occasion? - Mr. Newelling took the account.

Q. In short you made the seizure? - We did.

Q. Did you examine what sort of spirits they were? - I left my supervisor to examine what it was, my supervisor thought it prudent to secure these fifteen

anchors; I was then dispatched to Padstow for some soldiers, I rode off immediately to Padstow, while I was at Padstow I don't know what happened.

Q. When the soldiers came was there any firing that happened? - While I was away I saw nothing of it.

Q. Did you at any time afterward see Hawkey? - Yes, I saw him not very soon after, five or six months it may be for what I know; at Saintaff, we were talking the business over, I was saying what was their idea for trying to surround us, I was mentioning of it to the people, Hawkey was by, he said they intended the putting us on board the ship, and carrying us to Guernsey, he said it was very fortunate we got off, or something to that purpose.

Mr. Const. After all this story you have been telling us, I would ask you this one qestion, all this time at the beech did you see Mr. Hawkey at all? - I did not see him at the beech, he was not at the beech at this time, that I know of.

Q. Then all that passed was in his absence as far as you know; this took up a considerable time, and you have told us the different stages of it; you was two miles from the beech? - It must be, from the distance of ground.

Q. And there you saw some men with horses loaded, and there you did not see Mr. Hawkey? - He might be there, but I did not see him.

Q. I am satisfied with your answer you did not see him. The first time you see Mr. Hawkey, was when all this was done, and he was coming into his own field? - It was not his own field, it belongs to the parish of St. Hugh; the hedge parted the two parishes.

Q. You knew where he lived I believe, and he was going towards his own house, and not in a direction from his own house to the beech? - He was coming from the beech, whether he was going towards his own house I know not.

Q. What distance was it from his own house? - I suppose it must be three miles I believe, I don't know exactly the distance.

Q. During this whole transaction did you see Mr. Hawkey with any of these people, that you have been talking about? - I did not with the first persons with anchors, nor with those persons on the beech.

Q. You know Mr. Hawkey, he is a farmer there, he is not a smuggler? - I suppose him to be a smuggler.

Q. Therefore of course you know to constitute this offence with which Mr. Hawkey is charged with, you must make it part of the smuggling transaction, that you have told us of? - He told me he would teach me to look after brandy.

Q. You don't mean to separate the assault from the smuggling? - I thought Mr. Hawkey to be the master of them, which I believe he really was.

Q. Why do you believe so? - I heard so from a number of different persons.

Q. And so you was so long before you indicted him, it was not because you could not take him out of his house?

Court. It does not depend on him, when an offence against this act of parliament is indicted? - I can tell that from experience.

Mr. Const. However in point of fact, it was that distance of time? - What time?

Q. Who was with you the next day when you saw him? - The supervisor.

Q. Did you make any attempt to take him there, he was there alone? - I passed him in the street, and I said to the super

Q. Did it not occur to you then to take hold of him? - I did not know the rules and orders of the business, afterwards Mr. Newelling and me went to look after him, and we did not see him.

Q. This transaction between you and Mr. Hawkey took place not only two miles from the place, but likewise half an hour after the place was clear of smugglers? - It might be half an hour, I lay in the ditch, I expected all the men were by at this time.

Q. Then when Mr. Hawkey and the other came up, they see you concealed in a ditch? - No, they saw me in the road, I got out of the road on purpose to avoid being seen.

Q. You endeavoured to escape them, and they followed you, endeavouring to hide yourself, they found you in the ditch, and then Mr. Hawkey took a pistol and told you to come out? - He had it in his hand when I saw him, I thought myself in danger, and so I ran away as fast as I could.

Q. And when you said to him spare my life, I am doing no mischief, he put up his pistol immediately? - He did into his left hand coat pocket.

Q. Will you venture to swear what Mr. Hawkey's expressions were? - It was something about blowing out my brains, and he would teach me to look after brandy.

Q. Was this spoke first or not? - He was swearing all the way on.

Q. Then when you said it was something to that purpose you knew what it was? - I knew Mr. Hawkey was a smuggler.

Q. Whether he said these words you do not know or do you know? - I do not know what he said besides, I don't know because he was talking as he came on.

Q. You never had any difficulty about his person? - Never.

Q. And he must equally know that it must be impossible to hide himself from you, it being so light? - My idea told me that he supposed I did not know him, because I had never seen him before, that was my idea of the business.

Mr. Knowlys. Was there any road through the field, or the ditch to his own house? - No, there was not.

GEORGE HAYNES sworn.

Q. You are an officer of the excise, at Port Isaac, was you in company with Knapman, on the 20th or 21st of December? - I was.

Q. You went in consequence of some information, in company with Mr. Knapman? - I did.

Q. When you was going down towards the beech did you meet any body? - I did.

Q. Who? - Mr. Hawkey.

Q. Did you know Mr. Hawkey's person? - Yes.

Q. Did you know his person before that time? - Yes.

Q. And you met him on the road, as you was going down to the beech? - Yes.

Q. He was coming from the beech? - I suppose so.

Q. When you went down to the beech what passed under your immediate observation? - As I was going down to the beech there were several horses.

Q. After you had seen Mr. Hawkey on the road whereabouts was that, as to its distance from the beech? - I suppose it might be about two miles, or two miles and a half.

Q. What time of the night? - About eleven o'clock.

Q. And he past on, and you went on towards the beech, when you came to

the beech what was doing? - We found several horses loaded with anchors, and a multitude of people there.

Q. They were loading the horses with anchors at that time? - Yes, when we came among them, we saw five horses stood out from among the rest, and I knew the man Skiller that was with them, I called him, and told him to drive them on, but I am informed since that he was not there, but he answered to that name when I called him, I ordered him to drive the horses on, the answer he gave me was, that he waited for his copartners.

Q. What said you, or did you after this? - I struck the horses with my stick, in order to drive the horses on, I thought there were so many behind that we should have no mercy; the other party see us, and perceived who we were, and they directly began to give a cheer, and after that the stones played about us, and we fled for our lives, we rode off to escape for our lives.

Q. How far did you go before you stopped? - I suppose about five hundred yards, out of the way of the stones, we went up towards Port Isaac, where I resided, when we got up on the higher ground we perceived a vessel stood at anchor, and a boat was going to and fro, I suppose we might stay there for half an hour, or nearly an hour; while we were there we saw two men above us, in a high field, looking over a hedge, they were higher than we were by twenty yards, and we thought if they threw stones from there we should be knocked of the head, we immediately returned away, towards Port Isaac, on our return I makes a motion for Knapman, that we would see who them men were, we had not seen them before, then we opened the gate, Knapman did, and I was going to ride into the field, where these men were, when we opened the gate we perceived, I suppose, nearly a score, were on the top of the field, which was above us still, as soon as they saw me they made directly for us, as fast as they could, my partner was off his horse, I was not, I said get up, get up, we must be off again, and they were very near catching us, being above us; however we got off, and they followed us with stones to a great distance, the stones might injure the horse, but they did not injure me, we were afraid of going into the town, least the mob should follow us, therefore we went into the country about two miles off, we went and secured ourselves in a place where we should not be discovered, waiting there, we saw about twenty-five horses going along, all loaded; we lay still for a little time, till they passed us, after we made an observation that we would see when the roads led one way and another, we would see whether they would disperse, that we might follow a little party, and stand a chance of taking them, we thought also that we might stand a chance of seeing where they might deposit it; we went for about, I believe, twenty or thirty, or forty yards, I cannot tell how far, before we discovered several men coming against us.

Q. Not loaded? - They were not, Knapman, he returned back and he said, here they be coming, he rides back.

Q. Then you two separated? - Yes, I endeavoured to ride back too, I thought if we both were not able to stand them, one was not; in riding back the wind blew against me, my hat flew off, it was a round hat, and when it was on, it more concealed me from their observation; I dismounted my horse and got off and picked my hat up again, in the mean time while they were nearly on me, however when I got through the gate they had the same difficulty of getting through the gate as I had, I got the advantage of them.

Q. Then you recovered your horse and got your feet? - They then followed me and swore that they would knock me down, and some of them said they would

Q. Did you go away then? - I was riding for my life all the while, there were ten or a dozen, I suppose pursuing me, I cannot say exactly.

Q. Now you had missed Mr. Knapman before this? - I never saw him after my hat blew off, for about two hours afterwards.

Q. What time did you see him again? - I suppose it was four or five o'clock, thereabouts.

Q. When you met him in what situation was Knapman then, what appearance had he? - He had the appearance of being much frightened, and beat, I could not see any wound, but he said that he was much beat, I cannot say any more, my observations were such.

Q. Then you went together to the supervisor? - We went home, I being much frightened, my brother officer he went to the supervisor.

Q. When you met Hawkey on that night on the road had you any doubt of his person then? - Yes, I had, when I met him I thought there was some business doing on the road.

Q. When you saw him did you know him? - Yes.

Q. I only ask you whether you have any doubt about his person? - No, I had no doubt of him then.

Court. Had you frequently seen him before? - O,yes.

Mr. Fielding. When you came where the goods were deposited did you find any arms? - We found goods in three separate places.

Q. Were you together when you found the goods? - We found arms in the last place, there was a fowling-piece, and what they call a swivil, a piece that they take on board, it is larger than a blunderbuss, it had a thing to run into a part of the vessel, to keep it steady, I tried it, and found it was very heavy loaded.

Q. In what way? - I cannot say, the soldiers fired it off when we went to get carriages to take the goods.

Q. Did it appear loaded? - It was very heavy loaded, I tried it with the ramrod.

Q. Was Knapman able to go about his business as usual? - We reside eight miles apart, therefore we do not sometimes see one another for six or seven weeks.

Mr. Knapp. We are to understand from your evidence that the first time you saw Mr. Hawkey was on the road that night, how far was it you saw him from the beech? - About two miles, or two miles and a half.

Q. I believe during the whole business, until you saw him and another person, when you was in the ditch you never saw him at all? - No.

Q. Then from the time that you met him in the road till the time Mr. Knapman complained of, you never saw him at all? - Never.

Q. Was he in the croud that came down in the field? - No.

Q. Nor one of them that were on the beech? - I cannot say he was.

The Jury were addressed on the part of the defendant, by Mr. Const.

Not GUILTY .

Tried by the second Middlesex Jury before the

Lord CHIEF BARON

Reference Number: t17940115-46

114. JAMES SPENCER MORRIS was indicted for stealing, on the 7th of January , seven brass weights, value 2s. the goods of Thomas Mason .

THOMAS MASON sworn.

On Tuesday the 7th of this month, I was sitting in a room near my shop, I

heard somebody going along the passage, I bid my daughter go and see who was in the shop; she came back and told me there was a man in the shop wanted me, as I was going towards the shop I saw the prisoner standing in the passage; he answers, as I see you are in the brokery line, have you got any gingerbread cuts? I told him I had not any such thing; he then went out into the street, turned to the right and went down into Uxbridge, my house is adjoining, I live in Hillingdon , the last house joining to Uxbridge. I am a broker , about four o'clock the same afternoon one Mr. Packer came up to me, and asked me if I had disposed of a set of brass weights, that he had seen in the window? I told him I had not, he asked me if I would let him see them? I looked in the window for them, where I had seen them the same morning, but they were gone, I then went and asked my wife and children, if either of them had disposed of them in my absence? they told me they had not, Mr. Packer told me there was a man detected for stealing a table cloth at the White Horse inn, at Uxbridge, and at the top of his bundle he had a set of weights, which he thought he saw at my house; the next day I heard the prisoner was to be examined. And I can prove the weights, I saw the weights produced before the magistrate, the weights are here.

Prisoner. I would wish to ask what particular mark he can distinguish his weights by?

SAMUEL HARMAN sworn.

I am constable of Uxbridge. On Tuesday the 7th of January I stopped the prisoner, between the hours of two and three in the afternoon, being sent for by Mr. - , of the White Horse, to take the prisoner into custody for stealing a table cloth; after I had the prisoner in custody, he informed me he had a bundle at the Chequer inn, at Uxbridge, I went with the prisoner to the Chequers, the landlady there said that was the man that had left the bundle, and it was produced to me, the bundle was not tied up very tight, the prisoner tied the bundle up, and gave it into my care; I immediately put a string about the bundle, and sealed them up with a seal, and they were in my custody till they were had before the magistrate; the next day before the magistrate I opened the bundle, wherein was contained a quantity of things, such as a brass flower drudger, a brass candlestick, one set of brass weights, and a number of other things, the set contains seven weights.

Q. Did you enquire of the prisoner how he came by these things? - When he was before the magistrate we enquired of him how he came by these things, he said he found them.

Prisoner. When I came into Uxbridge I left my bundle at the sign of the Chequers, I untied my bundle, and left it untied; ask him where he found the bundle? - When you went to the Chequers inn, it laid on the dresser.

Prisoner. It was moved from the place where I left it.

Court. Did the prisoner see the brass weights? - I did not see the brass weights in the bundle, they were tied up in this cloth, and delivered to me.

Court to Mason. What time of the day was the prisoner at your house? - Between one and two in the afternoon.

Q. How far is your house from the Chequers that Harman has spoken to? - About two hundred yards.

Q. Pray is the person that keeps the Chequers here? - No. These brass weights they are my property, I have had them a great while by me, I have taken notice on the pound weight there is marked sixteen ounces, avoirdupois; I believe them to be mine, by having them so long by me, and often having them

Prisoner. One weight is like another, and I have had them almost three years, I am a gingerbread-baker by trade.

Mason. I can very safely say they are my weights.

Prisoner. I used to go to markets and fairs, and I have had occasion for weights and scales ever since I left Woodstock, I have been absent from there some time, I was in business there upwards of twenty-five years, but affairs did not go on as well as I could wish; I know two gentlemen, Mr. Sangster in Milk-street, Cheapside, and Mr. Peters in the Borough; I never said that I found them weights, I said I found the other things.

GUILTY . (Aged 56.)

Imprisoned six months in the House of Correction and fined 1s.

Tried by the second Middlesex Jury before

Mr. Justice GROSE.

Reference Number: t17940115-47

115. CATHARINE NEAL was indicted for stealing, on the 13th of December , a silver watch, value 3l. a stone seal set in gold, value 10s. a steel watch chain, value 6d. and a steel watch key, value 1d. the goods of Edward Scott .

EDWARD SCOTT sworn.

On Thursday, December the 12th, I had been in town, to Beech-street, I had been to partake of an annual dinner; coming home I was stopped at the corner of York-street, Covent-garden , by the prisoner, and another woman in company, they laid hold of one arm and one of the other, insisting of walking up York-street along with me, I told them to let me go about my business; I walked in that situation to the end of York street, and I stopped, I turned up at one of the doors, about a hundred yards to know what they wanted to do with me, I told them I would be glad if they would let me go about my business, and the prisoner at the bar put her hand into this pocket, and took out my watch, and gave it to the other woman, who was at her elbow, I directly missed my watch, and took her to the watch-man, the next morning she was examined and committed for trial.

Q. Have you ever seen your watch? - No.

Q. When had you last seen your watch? - I had examined my watch coming out of the Fountain, to see whether I had the glass side or the other side outward.

Q. Did you feel her take it away? - I see her hand something to the prisoner, and immediately I thought she had picked my pocket, I have not the least doubt but she did; I perceived her give something to the other woman, which she immediately ran off with, the prisoner was on the side in which the watch was kept, and when I stopped the prisoner she was by me, and the other woman was behind me; I am positive to the prisoner, for I took hold of her immediately.

Prisoner. I was going along, and this gentleman hallooed out for a watch, and he laid hold of me, and no woman was in company with me, nor any body else; coming along he laid hold of me; I had witnesses, they were here to day, but they are gone home now.

I lost a gown the 4th of January, a dark cotton gown, I have a piece of the same; I missed it half an hour after the prisoner had taken it, it was kept up two pair of stairs in the bed room, it laid on my bed, I missed it about half after three, I was gone to market very early, I returned from market, I was not gone half an hour, I missed it when I returned, when I lost it I enquired of different pawnbrokers.

Q. When had you seen it before? - Before I went out, not ten minutes.

Q. What happened when you missed it? - I had people that lodged in the house, and they said to me, your bed-room is open, madam; I said, how do you know it? she said by seeing light come down stairs, with that I says to her walk up stairs, and see if I have lost any thing, she went up stairs with me, and I missed that dark cotton gown off the bed, directly I missed the gown I went to different pawnbrokers, as such this pawnbroker's master said he had such a gown brought in half an hour ago, it was the third I went to. His name is Coudley, he lives in Ratcliff-highway; he shewed me the gown, and I said that was my property; the gown is here, the body has some of my own joining, it was not big enough when it was made across.

Q. When you got your gown what did you do? - I left it in the pawnbroker's hands, as such the girl, the prisoner at the bar, on the next Monday afternoon went to pledge something else, not of mine, but of other peoples, I did not see the girl. I desired them if the person came again to detain the person, till they owned that they pledged my gown; he did, he had her before the justice, and I saw her at the justice said swore to my property, I never saw her before, till I saw her at the pawnbroker's, she never lived at my house; the pawnbroker sent for me, in consequence of my directions.

JAMES GUBBINGS sworn.

I am a pawnbroker. On the 4th of this month I took in this gown of the prisoner, she asked me twelve shillings, I gave her nine, I am sure it was the prisoner at the bar, the enquiry was made when she came to pledge a child's frock, that was the cause of my stopping her; we received information that this gown was stole from the prosecutor.

Q. Did you deliver Mrs. Dew's gown to her when she came and owned it? - No, we kept it, it has been in my possession ever since.

RICHARD JOYCE sworn.

I know no farther than I was sent for to take the girl into custody.

Prisoner. I was going of an errand for my aunt, and I met a gentlewoman, and she offered me two-pence for to take this gown to pledge, and I asked her the reason she could not take it herself? she said she did not like to go in, for fear her husband should come and see her; she told me to go in and get twelve shillings, and if I could not get twelve shillings, to make what I could; I went in, and they gave me nine shillings, I gave her the nine shillings, and she gave me the two-pence, and I went home to my aunt, and I told her I had been in of this errand, and she made a great noise at me for going of this errand.

ELIZABETH SMITH sworn.

I know nothing at all about this, no further than I sent her to her aunt's, I sent her about three o'clock, she returned the same evening, and told me that she had got a penny given her for taking a gown into pawn for somebody.

Q. At what time did she return? - About eight o'clock; I live in the Little Minories.

Q. Where does her aunt live? - Very near the pawnbroker's in Ratcliff-highway.

Q. How far is Ratcliff-highway from the Minories? - About a mile. My children were ill of the small-pox, and her aunt's children were ill, cutting teeth, and I sent her to know how her child was, she had frequently gone to this pawnbroker's, to Mr. Gubbings, and I I sent her three or four days after this, not thinking any harm, with a little child's long frock.

Q. When she came home from her aunt's I think you said that she had got a penny for pawning a gown? - She had for pawning it for a woman. On Twelfth day I sent her to take this frock, my children being ill, and she was stopped on account of this gown.

Q. Did you observe that she had any unusual quantity of money about her? - Not a farthing, nor a penny, nor I never knew her do such a thing.

Q. Did she happen to shew you the penny? - She bought a tart with it.

Q. Had you reason to be satisfied with the child's behaviour? is she a well behaved child? - A very well behaved child.

Q. How old is she? - She is in her thirteenth year, I have had thirteen children.

Q. Is she a child that helps you in the house? - Very much indeed, I always kept her to School, and I have been obliged to take her from school, having such a large family.

Not GUILTY .

Tried by the Second Middlesex jury before

Lord CHIEF BARON.

Reference Number: t17940115-49

117. PETER TILLEY , WIL-LIAM GINKS and WILLIAM LOW were indicted for stealing, on the 17th of December , sixty cotton handkerchiefs, value 1l. 19s. the goods of Walter Russel .

MARGARET RUSSEL sworn.

I live at No 7, in the Strand; I keep a shop for ready made linen.

Q. What do you know of the prisoners? - I know none of them, I saw one of them take up the things at the counter, I was at the other end, and I ran after him and called out stop thief! this was on the 17th of December, one came in, but they were known by some neighbours to be all of a gang, he took the handkerchief up so, and ran off with them.

Q. How far was this from the door? - Very near.

Q. Was any body in the shop besides yourself? - Not a soul. There was a boy came in and asked for a pennyworth of something I did not deal in.

Q. Was that the boy at the bar? - I really cannot say, I saw but one; he went away, and he left the door not shut to, for it makes a deal of noise, and I was standing looking at the door.

Q. How long was it afterwards that you saw the person come in and take the things? - It was all done in three minutes, and the things brought back to me by this gentleman, one of them came in in a minute after the boy.

Q. Now the person that took the linen, did you see him? - Yes.

Q. Was he a man or a boy? - A man.

Q. Look at the prisoners at the bar and tell me if you know them? - I cannot remember either of the prisoners, it was four o'clock near dark, my eyes are very bad, I cannot tell which of the men it was.

WILLIAM SCOTT sworn.

On the 17th of December, about four o'clock in the afternoon, I was going down the Strand towards Charing cross

I saw Peter Tilly, that was the prisoner's name, come out of the shop of Mr. Russel with something under his coat, instantly afterwards Mrs. Russel came out and cried stop thief! immediately I ran after the man and cried stop thief, and he threw the things down in the Adelphi; this might be forty or fifty yards from Mrs. Ruffel's house, I picked up the things and carried them to Mrs. Russel, and I left them there till he was taken.

Court to Mrs. Russel. Have you had the care of the things ever since? - The constable has.

JAMES HICKS sworn.

At four o'clock in the afternoon on Tuesday the 17th of December, I was going to the Savoy, I saw the prisoner Ginks and the boy Low in deep conversation as they were walking along before me; the boy, Low, turns sharp on one side and went into a haberdasher's shop.

Q. Was that Mrs. Russel's? - No, further on, I crossed the way and watched them, I followed them till they got beyond Mr. Russel's shop, then they turned about and there were three in company, Tilley, and Low, and Ginks, I saw them within twenty yards of Mr. Russel's shop, there came by at the time two or three coaches and carts; I did not see either of the prisoners go into the shop, but I presently heard the cry of stop thief! at that time I see the prisoners all run down one street, Adam-street, I saw them the minute I ran down after them, and I met Low and Ginks walking away, I stopped both and gave the prisoner Low into Mrs. Russel's hands, and defired her to bring him back and Tilley agreed to go back to the shop; he said he knew neither of the other two; they were all taken back and detained till the officer was sent for.

Prisoner Ginks. I would wish to know how near he was to us together? - I was close to them, I heard them say something about a shop, but what it was particularly I could not hear.

Prisoner Low. I asked this young man which was the nearest way to the Savoy.

EDWARD TREADWAY sworn.

On Tuesday, the 17th of December, I was sent for to take the prisoners into custody at Mr. Russel's, I did so, and took care of the property.

Mrs. Russel. They are the only unmade goods in the shop.

Prisoner Tilley. I had been up to Paternoster-row, to the Gazette office, to know if a Gazette was out, I was going back, and I thought I would call at a customer's in the Adelphi, and I heard the cry of stop thief! and a sailor man came up to me and said, I must come back, for I had robbed the shop of some linen, and I was delivered into two or three peoples hands.

Court. Who is your master? - Mr. Canton, he lives at No. 38, Charing-cross, he keeps the Gazette office.

Prisoner Low. I went to see if I could find out my sister that lives in the Savoy, and I was coming along and I met this man, and I asked him which was the way to the Savoy? and he said he could not tell me, and I went into a shop and they directed me, and then I went strait on and I heard somebody halloo out stop thief! and I went to see what was the matter, and as I was going down that gentleman there came and laid hold of me, and said, I was along with them that robbed the shop.

Prisoner Ginks. I work at chelsea, as I was coming from work Mr. Hicks came up to me and laid hold of me, Low had before come up to me and asked me the way to the Savoy, I told him I could not direct him, but the best way would be to enquire in at the shop; I

have no witnesses, I had people to appear for my character all the day, but they are just gone home to dinner.

Peter Tilley , GUILTY . (Aged 19.)

Transported for seven years .

William Low , Not GUILTY .

William Ginks , Not GUILTY .

Tried by the second Middlesex Jury before Mr. Justice GROSE.

Reference Number: t17940115-50

118. JAMES MILLER was indicted for stealing, on the 14th of December , eight pounds weight of raw sugar, value 4s. the goods of John Lightly , George Jacobs , Joseph Hinds , William Brewer , &c.

WILLIAM BREWER sworn.

I am a gangsman on Ralph's and Young's Key .

Q. Did you lose any sugar at any time? - On the 14th of December.

Q. On what day of the week was it? - On Saturday about one o'clock in the day, about that time in the day I saw George Jenks, Brewer, says he, run up Ralph's Key for there are some boys plundering some hogsheads of sugar, in Young's Key-gateway; I ran up directly and stopped the prisoner at the bar in Young's Key-gateway, he was in the gateway when I stopped him, just at the top, I found some sugar concealed in his hat, and his hat concealed in his apron; I said what have you got there? He said nothing, and he dropped his hat on the ground; then we took him to the Dice at Dice Key, and sent for a constable and delivered him to the constable, we took the sugar with us and gave it to the constable, he has kept it ever since.

Q. Can you be certain at all to whom the sugar belongs? - It belongs to us while we have it in our charge.

Q. How can you prove it is from this cask? - Because there is a stave out of the middle of the outside cask.

Q. Where was this outside cask? - In Young's Key-gateway, part of the stave was out, not the whole of the stave, the mark of the cask was R. R. P. No 7, I know nothing more.

Q. Was there any gone from the cask? - Yes, a quarter of a hundred, or more gone.

Q. How soon did you take it back to the cask? - Directly.

Q. Was there more missing than what you found on the prisoner? - Yes, there were more boys.

Q. Did you find any on any of the other boys? - I did not stop any more.

Q. Did this sugar appear like the sugar in the cask? - I went afterwards and took a sample out of the same cask.

THOMAS HUNTER sworn.

I am constable to the West India merchants, I was sent for to take care of the boy, the sugar was taken from him, when I came, Brewer had got the sugar in his possession.

Q. Have you kept the sugar ever since? - Yes.

Q. Did you see the cask? - Yes, it appeared to be the same sort; I have brought a sample of it.

Court to Brewer. How far might the boy be from the barrel when you saw him? - About twenty yards.

Prisoner. When this gentleman came and took me I had not a bit of sugar about me, a gentleman asked me to go down for his horse and he would give me a penny, I went down for the gentleman's horse and this person came and took hold of me, he takes me to a public house and puts the sugar before me and said I had stole it; I know no more about the sugar than a child unborn.

Court to Brewer. Did all the sugar belong to your gang in that key? - If

119. SAMUEL MATTHEWS was indicted for stealing, on the 14th of December , a pair of leather check braces with two base metal buckles plated with silver, fastened thereto, value 8s. the goods of Charles Price , Esq.

WILLIAM FRENCH sworn.

I am a gentleman's servant, I am out of place at present. I was servant to Mr. Price at Snow-hill, I was under a footman when I lived with him.

Q. Did Mr. Price lose a pair of leather check braces with two base metal buckles? - Yes. On the 14th of December 1793.

Q. Do you remember the day of the week? - Friday night.

Q. In what way did it happen? - Going along Fore-street into New Broad-street , with the carriage, I was on the top of the coach box with the coachman.

Q. At what end of the town is this New Broad-street? - In the city. going along we found the carriage come forward and the coachman cut behind, and two boys jumped down, and I got down from my box.

Q. Was the prisoner either of the boys that jumped down? - Yes, he was one. I got down and ran after him and pursued him; I took him into Whitecross-street.

Q. Did you find any thing on him? - No, I saw him chuck one of the braces out of his hand and I took him the carriage, somebody picked both the braces up on the road, I did not see them picked up, but I see him throw one out of his hand; he told me when I took hold of him if I would go back with him he would shew me where the other boy lived; I went a great way with him, he went so far that I could not have time to go any farther.

Q. How soon did you see the brace after he threw it out of his hand? - I did not see it again till the man brought it up, I pursued him through Fore-street into Whitecross-street; I did not see the braces till I brought him back, the man brought it and gave it me into my hand.

Q. Was that man nigh the carriage when you returned? - Yes.

Q. Was that near where he threw it down? - Yes, the constable has them both, they were both picked up, but he threw down but one.

Q. Did that man give you one or two? - One.

Q. How came the constable to have two? - There was a man going to give it to the constable and he refused it, and he told him to give it me, then I had them both.

Q. Had you them both of one man? - Of two men. The constable has had them ever since.

Q. Could you distinguish which of them it was that he threw down? - No, I cannot.

Q. You are sure that two boys jumped off behind? - I am.

JAMES PARKHOUSE sworn.

I am a coachman to Mr. Price, I saw the two boys behind the carriage, and I cut behind, and I stopped the horses, and I told the boy to get down after him.

Q. Did you see any of them throw down any braces? - I was on the box, I stayed on the box all the time, the braces and the boy were both brought back together to the carriage where I stopped.

Q. What part do they belong to? - They go from the main braces, they are called check braces, they are both alike, as near as possible. They are cut off at two different places, from opposite sides.

Q. Have you seen them? - Yes.

Q. They are properly described? - They are.

JOHN KING sworn.

I am an officer. On the 14th of December they were crying stop thief! after two boys, I saw one of them throw something down, and I attempted to run after him but I was knocked down directly, by a stick on my head; I heard the cry as soon as I got to the place in Whitecross-street, where the drays stand; I said to the foot-boy run in here there is one gone in underneath the drays, and here is one gone up the street, I will run after him that is gone up the street; I pursued him, he made his escape, and the footboy went after him underneath the drays and brought him out.

Q. Did you see the prisoner taken? - I did.

Q. How happened that you saw him taken if you was in pursuit of the other? - I ran about forty yards farther, and as I kicked the other boys heels up I was knocked down.

Q. Did you seen any thing of the prisoner when he was knocked down? - He throwed one brace away, I see him throw it away as he turned by the ship dehouse. This is the brace that I see him throw away. I made a mark on it.

Q. Is there a plate I buckle on that you see him throw away? - Yes.

Q. Did you pick it up? - I did not.

Q. Then how do you know that was the one that he throw down? - This is the brace that he threw down, because I see him throw it away, I made a mark on it. I had the brace in my hand when I was knocked down.

Q. Where did you get that brace that you had in your hand? - Of a person I don't know.

Q. When the prisoner threw one down did you pick that up that he threw down? - I did not.

Q. Did you pick up the other that the other threw down? - I did.

Q. The other was given to you I suppose by a stranger? - It was.

Parkhouse. They are the braces.

French. They are the braces.

Court to French. Did you ever lose sight of him? - No, never lost sight of him.

Prisoner. The constable did not pursue me, they were looking out for a constable for to take me to the compter, he did not pick up neer a brace, nor nothing of the braces were given into his hand.

Court to French. Did you pursue him under the dray? - I did.

Q. What time of night was it? - About eight o'clock.

GUILTY . (Aged 14.)

Transported for Seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17940115-52

120. THOMAS WILLIAMS and JAMES SMITH were indicted for stealing on the 11th of December , two cart wheels, value 12s. an iron axle tree, value 5s. and two iron pins, called clinch pins, value 2d. the goods of Joseph Hewitson .

JOSEPH HEWITSON sworn.

I am a green grocer and costermonger , sells greens about the street. On the 11th

of December last I put my cart up against a turnpike where it usually stands, and when I got up in the morning my cart was gone. I put it in the Curtain road behind the turnpike, it joins Old-street-road.

Q. Do you know the day of the week? - Wednesday. I put it there as nigh as I can guess about ten o'clock on Thursday afternoon; the next day I went to get some sprats, and I saw two acquaintance who told me that they saw the axle tree, as they thought, to sell in Longalley. I went there, when I came there I looked at it, and I saw it was my axle-tree, it was at a broker's shop and iron shop together; it was to sell at the door, the man of the house was not at home, his wife was; when he came home I asked them how long he had that axle tree? he said he bought it last night. I sent for a constable and gave him charge of the axle tree and the man.

Q. Did this shopkeeper recommend you to the prisoner? - Yes, they told me they lived at number 4, Long-alley, and I had the prisoner taken up the same evening about a quarter of an hour afterwards.

Q. Did you find any thing else besides this axle tree? - Yes, I lost the wheels, they were found, but they were fresh painted; I could not swear particularly to them.

Q. Did not you miss the whole cart? - No, only the wheels and axle tree, the body of the cart was left behind, the two clinch pins were two nails.

Q. Where did you find the wheels? - The officer found them.

WILLIAM DARR sworn.

I keep a little broker's shop and deal in iron and rags in Long-alley.

Q. Did you receive an axle tree at any time? - Yes, I bought it and some old iron. I bought it the 11th of last month, Wednesday evening, between the hours of five and six.

Q. Was it brought to your house? - Yes.

Q. Who was it brought by? - By the prisoner who stands now at the bar.

Q. Did they both come with it? - Yes, I paid for it at the rate of eight shillings and sixpence per hundred, it is a very fair market price.

Q. Did you know either of these men? - No otherwise than by sight. I questioned them where they came from? they told me they came from No.4, Long-alley, where I had bought iron of them twice before from No. 4, but this axle tree and iron they brought to me.

Q. Did you ever see them at this No.4, yourself? - I see them when I bought the iron, no other time.

Q. How much did you pay them? - I paid them four shillings and seven pence; the axle tree weighed forty nine pounds weight, and there was eleven pounds weight besides, it was two quarters and four pounds weight, I paid the money to the eldest, to Smith.

Q. Who did you understand the iron to belong to? - I understood they brought it from No.4, where I bought it before; the axle tree is here, I delivered it to the constable.

Q. Was you taken up for this at all? - The runners took me up to the office.

Q. Who did you give first an account of this to? - The first account the man owned his property at public sale, I told the man where I got it from, I went with them to the office, I suppose they would have taken me into custody if I had not produced the man.

JOHN RAY sworn.

I am a police officer at Shoreditch. On the 12th of last month, the prosecutor came to the office and informed me that he lost a pair of wheels and iron axle tree, and that he had just seen the iron axle tree at an old iron shop; I went in

company with Mr. Ferris to the old iron shop, he told me if it was his axle tree, there was a little hole in the end of the sides; on examining it there was a little hole, and I took the axle tree directly, and took it to the office; I asked Barr, who keeps the old iron shop, who he bought it of? he said he bought it of two hackney coachmen. I asked him if he knew where they lived? he said they lived at such a house, at No.4, I went immediately to this house with Mr. Ferris, I went and knocked at the door and asked the woman if such people lodged or lived in that house? She said yes, they had lodged there about a week ago, and had not been there since; says I, that will not satisfy me, I shall take the liberty of looking round your premises, and I went and looked round and I pushed against the door of the necessary, and I found it was fastened, and I pushed against it and opened it, and there I found both the prisoners concealed, I took them to the public house adjoining the office, and sent for the old iron man and he came; I have kept the axle tree ever since.

Q. Do you know any thing about the wheels? - I asked the prisoners where they lodged, they told me at St. Giles's, I found that was not true, I could not find out the lodgings that night, the next morning there came an old man to the office to enquire after them, by that means I found out where they lodged; I and Mr. Ferris found a key on Smith, to the best of my knowledge Ferris found that was the key of their apartment, in Bolt-court, Shoreditch, we went there, and there we found in their apartment, two wheels fresh painted.

Q. Is there any body here that proves that to be there apartment? - Here is the man that lived there; the wheels were taken to the office, and they have been in my possession ever since; the prosecutor said he could not swear to them, being fresh painted, the paint was not dry on them, and they were searched up against the fire to dry, there had been a great fire to dry them.

Q. Did you ever hear either of the prisoners say that that was the key of the lodgings, that let you into the lodgings? - Yes.

Q. Did you ever hear either of the prisoners say whole lodgings they were? - No.

Q. Were they both present when the key was taken? - Yes, both of them, they were both together when the key was taken from them, we asked them whether that was not the key of their apartment? they said no, it was not; when the man that they took the apartment of came to the office, he said they both lodged there.

Hewitson. I know this axle tree by a piece being chipped out by the side of it.

Q. How came you to make that observation, had you ever observed it before? - Yes, I had seen it before.

Q. Have you any doubt about it? - It is my axle tree, I am sure of it.

RICHARD FERRIS sworn.

I was with the witness, Ray, he was with me all the time.

Q. Can you say of whom you took the key? - It was taken from Williams, I asked him where he lived? and he would not tell for a long time, at last he said it was in St. Giles's, but that was not true.

Prisoner Williams. I bought this property of one John Lions , who used to porter, and move peoples goods.

Prisoner Smith. The prosecutor mentioned that the night that these were lost, that his wife saw it all safe at twelve o'clock, he said so at the office, we have got witnesses of it.

Prisoner Williams. Then he said afterwards that he saw it safe at nine o'clock, as he was carrying his sparts.

Q. Did you ever say that you saw it at twelve o'clock at night? - Mr. Pointer, who keeps the road, he said that he saw the wheels on the road at twelve o'clock.

JOHN COLLINGS sworn.

I am a millwright and press-maker; I heard the prosecutor say as to the wheels he could not swear to, but as to the axle tree, he believed, by his mark, that he could swear to, but he was not positively sure, one axle tree was like another; he said he believed it was missing between eight and nine at night.

Q. Did he say when he had seen them last? - Between eight and nine, but Mr. Barr said that he had bought it before six o'clock; John Williams 's mother applied to Mr. Barr, in order to settle up the matter, Mr. Barr thought it might be settled for a trisle, he said the axle tree weighed forty-seven pounds, and he gave four shillings for it, therefore by that we called upon two or three people of their acquaintance, they said if we would pay them the value of four guineas that they would let every thing go quiet; Barr and Hewitson were together, and two other old men were with them.

Q. Were the prisoners present? - No, because they were then in Newgate.

Q. Was the mother of Williams present? - The mother was there all the time, I told him the poor mother could not pay that money. I knew the father-in-law of the other young man, I told them I would speak about that matter, but he would not do any thing; as to Williams he is a very honest young man, I have known him fourteen years, his father was a millwright, his father worked with me for a time, the prisoner he might be a millwright, he might be a smith, he might be several businesses, I knew him to live at two different public houses.

SARAH WILLIAMS sworn.

I am the mother of Thomas Williams, the prisoner.

Q. Did you make any application about your son? - Hewitson and Barr offered to make the matter up for four guineas, I told them I had not the money, if I was to make away with every thing that I had in the world.

Q. Where was it they offered to make it up? - At the public house.

Q. Was the last witness there? - Yes.

Q. Is he related to either of the prisoners? - No relation.

Q. Is he an acquaintance of your's? - Yes, he has known me for two years, my husband and all the whole family.

Q. What was it to be made up for? - For four guineas.

Q. Was the prisoner in Newgate? - Yes.

Q. Did you go to meet the prosecutor, Hewitson? - I went to them to hear what they had got to say, they sent us on to the public house, and they came to us.

Q. Now I ask you whether the application was made by these people, the prosecutor, or by you? - It was by the father-in-law of the other young man, Smith, his name is Graham, he made the application, it was he sent me to tell them that he would give four guineas if his son was sent for an East India soldier, but he would not disburse a farthing, without he was sent for an East India soldier.

Q. Then the prosecutor, Hewitson, and Barr did not make any application to you to make it up, but you made the application to him? - And I had not the money, and so there was an end of it, if they had the money they agreed to settle it all, and no further trouble about it.

I am a carpenter; I keep a little house; I have known Williams ever since he came to lodge with me, two years ago, within a few days, he followed blacksmiths work, he always behaved well, and paid me very honest; I heard the woman and man say when I went down along with Williams's mother at the public house, that the property was all safe at the cart, at nine o'clock at night.

Court to Hewitson. Did you ever offer to make it up for four guineas? - No.

Q. Is that false that has been sworn by the woman and man? - I will tell you the truth. This here man in white, and the woman came down to my house, and I was harnessing my horse, and going out, they came to me and said, Hewitson, will you make it up? says I, I cannot do it; you fool says he, it is only to make a slaw in the indictment, it is only a matter of form, you can go and clear them; they never bid me four guineas, I will take my affidavit it is false.

Court to Barr. Was there any agreement to make it up for four guineas, was there such an agreement took place, to make it up, if they had the money? - No, I never heard a word about the kind.

Q. Did this man, Hewitson, the prosecutor, ever say that he saw the cart at nine o' clock? - I am sure I never heard Hewitson, he said he carried his cart there Wednesday evening, but I never heard the time.

Q. It is represented to me that he said it was there by nine, and you said it was sold to you before six? - That is all false.

Thomas Williams , GUILTY .(Aged 18)

James Smith , GUILTY . (Aged 20.)

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-53

121. FREDERICK WALDON was indicted for stealing, on the 3d of January , nine pounds weight of fat, value 10s. the goods of William Ambridge .

ELIZABETH AMBRIDGE sworn.

I live in Compton-street, Goswell-street, my husband's name is William Ambridge , he is a hog-butcher . I sent the prisoner out, he was my servant .

Q. How long had he lived with you? - About seven or eight weeks; I sent him out with a hundred and half of hogs stare, what comes out of the bellies, it was the 3d of this month, he carried it to Mr. Scarlet's, in Gray's-inn-passage, and it wanted twenty-nine pounds of weight.

Q. How came it to be deficient, did you weigh it before you sent it out? - I weighed it my ownself.

Q. Who weighed it at Mr. Scarlet's? - Mr. Scarlet and his man, William Slater.

Q. Do you know what became of this twenty-nine pounds weight? - No, here is a boy that can tell.

Prisoner. Did you put the weights in the scale to make allowance for the basket? - Yes, I did, he knows I did.

Court. How much did the basket weigh? - About thirteen pounds.

WILLIAM SLATER sworn.

I live with Mr. Scarlet, I remember the prisoner, Frederick Walton coming to me with some pigs sat the 2d of this month, between one and two to the best of my knowledge, my master was at dinner.

Q. What did he say when he came? - When he came to the door, he and a young lad came together, he asked me to help him in, because this young lad had got a sore hand, or sore wrist, or something of that kind, I helped him in with

Q. What was in the basket? - Hog stare, hogs sat, it is the same thing, he brought an account of one and twenty stone, and the man went away, we weighed it after master had done dinner, about an hour, or an hour and a half after, I cannot say exactly the time.

Q. What was the weight? - Seventeen stone, and three pounds.

Q. where was this basket? - Down below in the kitchen.

Q. Had your master no cook? - There is an elderly person that lives in the house, she was up in the two pair of stairs, that elderly person, which is a man and his wife, the wife of this man dresses my master's victuals.

Q. Is she your master's cook? - She does the victuals my master has dressed in the house constantly.

Q. Do you know enough of the oecouony of his family, to know who has the advantage of the grease? - I believe my master has.

Q. And not this lodger that dresses the victuals for him? - My master has, I am almost sure he has.

JAMES HARRIGAN sworn.

I went with the prisoner on the 3d of January, to Mr. Scarlet's house, as we were in Liquorpond-street, we turned down Laystall-street, which was out of our road, and he went to some house in Laystall street, and fetched a basket and cloth, and he drove on the cart on a little further, and took some sat out, and went down the next turning with it. Mrs. Ambridge sent me with him, to help him in with the fat.

Q. Did you see him take the fat? - I did, I see him take it, he went down the next turning with it, I did not know where he took it to, he did not carry it the same way as he brought the basket from, he was gone about five minutes from me.

Q. Was you his fellow servant? - I was not, I was at Mrs. Ambridge's that day, and she asked me to go with him, and told me when I came back. I should have a bit of dinner.

Court to Mrs. Ambridge. What was your reason for desiring James Harrigan to go with the prisoner? - Because I had lost so much, and I suspected him, and so I desired him, and when he came back I gave him a bit of dinner.

Prisoner. My mistress sent me with the boy with the fat, we went along pretty fast, and some jumped out of the cart, it was piled very high on the basket, and we saw some at the bottom of the basket as we were going along in the cart, and the boy picked up some and put it into the cart again; he has been taken up himself this afternoon, and taken to Bow-street, him and two more were handcussed together.

Harrigan. You are a liar, I have not been taken up.

Prisoner. Mrs. Ambridge can give me a character, she knows that I never was guilty of any such thing before; there was once to be sure four pounds short, which was some fell in the dirt, and I took the top off, and threw it away.

GUILTY . (Aged 23.)

Judgment respited .

Tried by the second Middlesex Jury before Mr. Justice ROOKE.

Reference Number: t17940115-54

122. WILLIAM HUBY was indicted for stealing, on the 25th of November , a canvas purse, value 1d. and five guineas, and seven shillings and sixpence in monies, the goods and monies of Ebbard Wilkes , in the dwelling house of the said William Huby .

Q. Did you lose any property on the 25th of November? - Yes, five guineas and seven shillings and six-pence, in a cloth purse, in a dwelling house at the Bell in Pinner-green , it was turned of twelve in the morning, at midnight.

Q. How came you there? - I went to Rickmansworth fair, I thought of buying half a score of sheep, I went along with William Ward , coming back, I called at a public house, and had a pint of beer, William Ward says let us have another pint, coming back again about a mile and a half before we came to the Bell at Pinner-green I shewed him my money, that I could not pay for another pint of beer, without changing.

Q. What did you shew to your companion on the road? - Five guineas and a half.

Q. What was your bill of reckoning? - Three shillings.

Q. What time did you come to the Bell? - About half after six, and William Huby asked me whether I bought any thing at the fair? - I said no.

Q. When did you first meet with him? - He was at the Bell at Pinner.

Q. Did you know him before? - Yes.

Q. What acquaintance had you at his house? - No otherwise than I called to drink at his house; he keeps the Bell at Pinner-green, he is the master of the house, he says I have got a hog in the hog stye I will fell you, if you will buy it; I went to look at it along with William Huby , the prisoner.

Q. What time of the night was this? - It might be about eight o'clock, I told him I would give him four guineas and a half for it, and he said I should not have it, he wanted five guineas all but half a crown, and I was not willing to give no more than four guineas and a half, we did not agree at all about the hog at that time, we went into the house and had some beer, and his wife went to bed, and there was nobody in the tap room, besides William Ward , William Huby , and myself, this might be about eleven o'clock to the best of my remembrance; I was for returning home then, and he said stop, I will give you a glass of gin a piece, and we drank the glass of gin a piece, William Ward and I, and William Huby drank one himself, and we stood right opposite of the mantle-piece, by the fire, William Ward was down on the settle, I stood, and William Huby stood by the side of me, both opposite the fire. William Ward he was a little in liquor, and sleepy, and William Huby said to me, I will lay you a pot of beer that he measured more about the waist than I did, I made him answer very likely you do, and very likely you do not, I don't want to lay at all, he says let us measure, let us have a pot of beer somehow; I had my right hand in my right hand waistcoat pocket, on the top of my purse and money, I made him answer I did not want to lay with him at all, he said I will lay however, and he pulled his right hand garter off, and he throwed his coat and waistcoat off, in his shirt, and put the garter round his own body, when he was stripped and asked me to make a mark, he said, now you strip as well as I, I pulled my two upper garments off.

Q. You was measured, was you? - I measured with him.

Q. Did he measure you, as you had measured him? - Yes.

Q. What past after you had measured? - He told me to pull my waistcoat off, as he could measure better with my waistcoat off than on, I had two coats on, and then he measured me, and I was the biggest, and he took a white quart pot off the mantle-piece, over the fire place, and went down stairs to fetch a pot of beer with my waistcoat on after we

were stripped, he says, you put my waistcoat on and I will put your's on, and I was for going home.

Q. What became of the beer? - The beer was drank.

Q. Did you get your waistcoat back again? - Yes, he put his own on, and I put mine on.

Q. You exchanged waistcoats first? - Yes.

Q. Then you re-exchanged when the beer was drank, was that so? - It was.

Q. Because it is very material, that you and I should understand each other in this part of the business? - When I got my waistcoat on, I put my hand into my pocket, and I told him he had taken my money out of my pocket, and he denied it, and I asked him for it, several times, and I wanted to go home. William Ward went out to the gate to make water out of doors, and being not capable of going home. William Huby took him in again, and I went out to do an occasion for myself, a little distance, at the corner of the house about five minutes, and I went to go in again, and the door was done against me, and I asked him to let me in? and Joseph Fane let me in, William Huby's brother-in-law, and I asked him the way up to William Huby 's chamber door, and he shewed me, I told him to come to the door, I wanted to speak to him, I told him he had got my purse and my money, and to give it without any piece of work or words, that I might go home about my business; I walked up and down stairs till daylight appeared, and he said he had not got it, I must lose it when I went out of doors, about five minutes doing an occasion for myself.

Q. Did you go to the door to make water only? - Yes, both, I stopped till twelve or eleven o'clock the next day, at the same house, and I asked him for it several times, still he denied it, he said I must lose it out of doors, and I went home, and came again the next day, in the sore part of the day, and his wife told me he had gone to Whatford, and I never saw him at all; I goes home that day; then I came again about a week afterwards, I asked him again for it, and he knowed nothing at all about it, I went four times to him, and he has always denied knowing any thing about it; and the last time I met him in the road, and he said I never had five guineas, but if I had to take better care of it the next time.

Court. I don't think his advice amiss. He has continually denied having of it? - Yes, he has.

Q. What time of the day was it you came to this house? - About half after six in the evening.

Q. What induced you to stay so long there? - He stopped me to stay longer than I chose to stay, by the reason I lost my money.

Q. How soon after six was it you lost your money? - It might be half after ten, or near eleven.

Q. What made you stay there so long? - He and I were about dealing for the pig; I did stay a little longer than I ought to have done.

Q. How much did you drink there? - Only three shillingsworth of beer, there were four of us to drink it, William Huby drank part of it, William Ward was drunk.

Q. Would three pots of beer make him very drunk in five hours? - Yes, he was a man a little in age.

Q. Was you yourself drunk? - No, I was not.

Q. Do you mean to say that you had your hand in your pocket on your purse, a little time before you began to stripping? - Yes, about ten minutes before we stripped.

Q. Had you been out of the room before that? had you gone to look at the pig before that? - Yes, that was about eight o'clock, or such a matter.

Q. Where was it you went to look at the hog? - In the hog stye.

Q. Then it was after you came from the hog stye that you found this purse in your pocket? - Yes.

Mr. Knapp. Mr. Wilkes, this happened the 25th of November? - The 24th.

Q. When was this man taken into custody? - Last Saturday.

Q. Did you go to any justice about it, till last Saturday? - Yes, I did, no I did not, yes, I went on Wednesday week.

Q. What you laid still all the Christmas holidays, kept the story all to yourself, without going to a justice at all? - I did not go till then.

Q. I should have thought a man that had supposed himself robbed of five guineas, he would have gone to him without further trouble. Let us now see a little where you had been this day; you had been to Rickmansworth fair? - I had.

Q. How far do you live from the prisoner? - Three miles.

Q. What time did you get to Rickmansworth fair? - I set out about seven o'clock in the morning.

Q. How long was you at the fair? - Till about four o'clock.

Q. Was not you a little dry between this time? - I had but one pint of beer.

Q. Did not you dine any where? - No, I had no dinner at all.

Q. Had you no victuals in your way from Rickmansworth fair to the Bell, to Mr. Huby's house? - I had a bit of victuals in my pocket.

Q. Had you no liquor from the fair to the Bell at Pinner, Huby's house? - Only one pint.

Q. When you came to Pinner you had only three shillingsworth of beer among four of you? Why you dropped a little just now when my lord asked you about the beer, had you forgot the gin? - No, I had not forgot the gin.

Q. Why you drank some gin, two glasses a piece? - I never said any such thing, only one glass a piece.

Q. Old Mr. Ward was very drunk, he could not stand the liquor as you could? - He is an elderly man.

Q. Was Huby in the house at the time when you first came in? - Yes, he was.

Q. Don't you know that he went to bed first? - No, he did not go to bed first, his wife went to bed; he was up in the house, William Fane was gone to bed, and there was only Huby, me, and Ward up.

Q. How soon was Ward drunk? - He was a little in liquor towards eleven o'clock.

Q. He was pretty sober till about eleven o'clock? - He was a little in liquor.

Q. What do you mean to say of yourself? - I was very capable and knew what I said and done.

Q. I know you was very capable, but was not you a little in liquor? - No, I was not in liquor.

Q. Then if any body should come and say you was very drunk they will say a falsity? - They will say very wrong.

Q. Upon your oath did not you tumble down when you went out of the house? - I did not.

Q. Did not you tumble down at all? - Not that I recollect; to the best of my remembrance I never was down at all.

Q. But you may have tumbled down, though to the best of your remembrance you do not recollect it? - I have told you my story and I will tell you no other.

Court. Are you sure that you did not tumble down, or do you only speak from recollection? - I am sure I did not tumble down.

Q. Are you quite positive that you did not tumble down? - To the best of my remembrance,I was not down at all.

Mr. Knowlys. Then you will not take on yourself positively to swear that you did not tumble down, but you swear to the best of your remembrance? - Why yes,I can swear that I was not down at all.

Court. Can you swear positively that you did not tumble down when you went out of doors for the purpose that you mentioned to me a few minutes before? - I can swear positively.

Mr.Knapp. Now you are brought to swear positively that you did not tumble down? - Why yes, I can take my oath that I never tumbled down.

Q. Ward you say was an old man, was it not hinted to him in your presence that he had much better go home drunk as he was at that time of night? - Go home, sir?

Q. Was he advised to go home? - He was not advised to go home, William Huby took him in again, in doors.

Q. Was not he advised both by Huby and his wife to go home, being so drunk? - I knew I could take him home very well. His wife did not because she was in bed.

Q. Did not Ward himself say that his eyes were weak and that he would not go till the man was up? - I did not hear any thing about it.

Q. Did you know such a person as a man of the name of Belfound? - Yes, we were not alone, there were a great many in the house five or six in the forepart of the evening.

Q. Did you ever find your purse again? - No.

Q. Nor your money? - No.

Q. You are sure it was a brown cloth purse? - Yes.

Q. The prisoner always denied that he had any thing to do with your money or your purse? - Yes.

Q. I asked you just now whether you did not tumble down on the common, did not you look for your money on the common, thinking that you had lost it on the common? - I did not think any such thing, I never looked for it on it.

Q.You say you know Belfound, did you go to Belfound and ask him if he knew any thing about your money? - I did go to Belfound to ask him whether he was any where about the house at the time that I came away on the green? He said no, he was at home in his bed.

Q. What other question did you ask Belfound? - I don't know that I asked Belfound any other question at all.

Q. Did not you tell him that you had lost your money? - I went to the chalkpit to him as I was going home.

Q. Did you ask him whether he had seen any thing of your money? - No, I did not,I asked Belfound if he saw any thing of the kind what was happened between Huby and me while I was bargaining for the hog.

Q. Did not you ask him whether he had seen any thing on the common before the house? - I did not.

Q. Belfound did not say that he saw you throw your money about the room in the house? - I had no occasion to throw it about, I only pulled out the purse to change the half guinea to pay the reckoning.

Q. What time of the day was this you pulled out the purse to pay the reckoning? - About half after ten, or such a matter.

Q. Do you know what you did with your purse after you paid the reckoning?

Q. Did not Belfound say in reply to you that he saw you throw it about the room? - No, I never threw it about the room at all.

Q. Did not Belfound say so? - Not that I heard that he did.

Q. Why you must know, you recollect yourself so perfectly? - He could not say to,I never recollect he did,I was very carefull and sober and know what I said and done very well.

Q. Did Belfound say any thing to that effect that you throwed your money about the room? - I do not remember at all any such thing.

Q. You say you had one glass of gin to your own share? - Yes,I had.

Q. How many pots of beer? - Six between me, and Huby, and Ward.

Q. How long was you drinking this six pots of beer? - It was turned of twelve or pretty near.

Q. On your oath was not you so mortally drunk, and I will prove it by three witnesses that you fell down on the common and dropped your money? - I was not.

Q. Was not you mortally drunk? - I was not.

Q. Was you in liquor? - I was a little freshish, but I knew what I said and done.

Q. Who was drunkest, Ward or you? - I was not drunk.

Q. That is not an answer? - Mr. Ward was most in liqour.

Q. You was pretty near as drunk as he, you may as well own the truth? - I was not drunk at all, as to the kind of that.

Q. You was so drunk that you was very capable of doing business though you was not before? was not you so drunk that you tumbled Ward out of the house on the common? how long has the prisoner kept the public house called the Bell? - A twelve-month exactly to the day.

Q. And there he lived up to the time of this, and there he lived till he was apprehended, and kept the same public house? - He did.

Q. Did you use the public house afterwards? - Why yes, I had a pint or two of beer when I came to ask him for the money.

Q. Then after you supposed this man had robbed you of the money you used the house? have you ever been before a justice before? - Not on such a subject.

Q. If a man had robbed you I think you would have gone to a justice much earlier? - If I was robbed in the highway I should have gone directly.

Q. How much did you pay a pot for the beer? - Four pence.

Q. Then I think if you had three shillings worth you had nine pots? - Let it be what it would I paid three shillings for it.

WILLIAM WARD sworn.

Q. Was you at the Bell at Pinner in company with Wilkes, the 25th of November last? - Yes.

Q. What hour of the day did you come to the house? - Between six and seven in the afternoon, I believe.

Q. How long did you stay there? - I cannot say what hour it was when we broke up I was so drunk, I dropped asleep on the form.

Q.Can you tell the time of the night in which you lost your senses? was you pretty drunk the whole time? - Yes,I could not go home.

Q. Was you sober when you came there? - Yes.

Q. What did you drink when you got there? - Gin and beer.

Q.How much had you drank before you came there? - Two pints this man and I had.

Q. When did you set about drinking? - As soon as we got in,I cannot tell what time it was when we broke up.

Q. Can you undertake to tell any thing that passed while you was there? - I said on the bed footing of Huby's bed when I could not go home.

Q. Wilkes was pretty drunk as well as you? - I cannot tell,I was so drunk myself.

HENRY SEARS sworn.

I am a farmer,I live at Pinner, I know the prisoner perfectly well.

Q. Do you remember being at his house at the day in which this charge was made? - I bought a pony of Mr.Huby, I was there on the morning following, and I called for a pint of beer and sat down in the Tap-room, and this here Mr. Wilkes was sitting drinking of a pint of beer. This Belfound was a Tinker, he was there, and this man Mr. Wilkes began telling me the story about his losing his money; he told me he had come from Rickmansworth fair, and that he had no dinner; that he had drank very much and was very drunk,and he did not want to go home till the man got up, and he was going over the Common to Beaumonts, he was about a quarter of a mile over he bethought himself that he should have some money about him, in his pocket or about him, and he felt in his pockets and could not find any money, so he returned back again and called at the house, and the people at the house let him in, and I don't know whether he went to bed or not, but he told me he was down two or three different times, in going down from the house to go home, after he had quitted the prisoner's house, and likewise his coat was all over dirt at the time, and he whispered to me that he thought Belfound must have the money, being that he was there the over night; I looked at this Belfound, and the man took notice of us, and he said, Mr. Wilkes, I hope you don't think that I have your money? and he said no, I cannot tell who had my money I was so excessive drunk.

Q. Having lived in this neighbourhood and seeming to be an industrious man, what has been the character of the prisoner at the bar for honestly? - Nothing but what is very just and honest, I have got a farm of eighty pounds a year, about a mile and a half on the other side from where Mr. Huby lives.

JOSEPH LILLY sworn.

I am a day labouring man, I heard Mr. Wilkes say the next morning, that he was very fuddled the over night and lost his money, and I saw him looking after his money on the common.

The prisoner called two other witnesses, who gave him a good character.

NOT GUILTY .

Tried by the second Middlesex Jury before the Lord CHIEF JUSTICE.

Reference Number: t17940115-55

123. JOHN GREEN was indicted for feloniously stealing, on the 16th of December , a boiling copper, value 10s. belonging to William Warren , affixed to his dwelling house .

MARTHA WARREN sworn.

I am a wife of William Warren; I lost a copper the 16th of December, about nine o'clock at night, it was of a Monday, as my servant was going to put my little girl to bed, she opened the middle door of the shop and she said ma'am here is a man with the copper; I takes up the candle that was in the parlour and I opened the door as fast as I could, and when I opened the door the prisoner was just got out of the street door; I asked him what he had got? He said nothing but his own; I told him it was not his; he said it was his own property; with

that I called stop thief, and when I tried stop thief, he threw down the copper, and ran, and I ran after him, the prisoner cried stop thief, as well as me. The copper was fixed in a back kitchen, and there was the place where the copper was taken out, I had seen it fixed in the back kitchen not half an hour before, and the man was brought back to my shop, and taken to the watch-house, and then I went to the watch-house and gave charge.

Q. You say you see him run out? - I had a candle in my hand when I went out to the street door; I saw him perfectly well, he had the copper leaning on his shoulder, on his head; while I was in pursuit after him my servant comes out and brought the copper into the shop, and it was taken to the watch-house; when I cried stop thief! he threw it off from his head.

Q. Did you see this man's face? - I see him perfectly well.

GUNNER sworn.

I am a servant to Mrs. Warren. On the 16th of December, about nine o'clock as I opened the passage door I saw the prisoner with the copper on his head, with that I stepped back to my mistress, I said, here is a man in the passage with the copper on his head. I did not run after the man, my mistress did, she had a candle with her.

Q. Had you a candle? - Yes.

Q. Did you see his face? - Yes, we were face to face.

Q. Was he brought back to your mistress? - Yes, in about ten minutes I saw him.

Q. Was it the same man brought back? - Yes.

Q. How soon had you seen it before? - About a quarter of an hour before.

Q. Where? - In the back kitchen.

Q. How far was it from this back kitchen to where the man was? - He had come up one pair of stairs.

Q. Did the room come into the passage at once? - Yes, where I saw him.

Q. In what manner was this copper fixed in? - In brick work.

Q. Did you see in this back kitchen any tools, or any thing by which this copper could be wrenched out? - It was wrenched out.

Q. Was the copper brought back and fitted to the place? - Yes, and it fitted.

Q. Did there appear any violence to the place? - No.

Prisoner. I am as innocent as a child unborn.

SAMUEL GILPIN sworn.

I am a shoe-maker; I was down at the sign of the Horse and Groom, having a pint of beer with some particular customers of mine, by and by I heard a terrible outcry in the street, crying stop thief! I immediately ran out of the tap room, and the prisoner was just run by, and ran into Black Horse yard, that leads into Tottenham-court-road; immediately I pursued him, I took him just coming into the Black Horse yard and brought him back to Mrs. Warren's; I was not the first that laid hold of him, but I was close to the heels of the gentleman that took him.

Q. In what street does Mrs. Warren live? - In Steven-street, No. 13, it is in Rathbone-place.

Q. Where did you first see the copper? - It was brought into the baker's shop. When I saw him he had dropped the copper; I saw nothing of the copper till I came back with the prisoner to Mrs. Warren's, I did not know what was meant by the outcry before I came then the person that was the taking of him said, Gilpin, I will have nothing to do with him, you may take him to yourself, and I immediately sent for the watchman; Mrs. Warren said, that was the man that stole the copper, and said it was her own copper.

Q. Did you go and see where it was taken from? - Yes, it was down in the kitchen, about ten or a dozen stairs, there were some of the lime broke off just about the edge where the copper was fixed.

JOSHUA WHITEMAN sworn. I am a constable; I was the constable of the night; the prisoner was brought to the watch-house, and the copper was brought there, the last witness brought the copper.

Court to Mrs. Warren. Did you send it by the lab witness? - The witness took it himself.

Court to Whiteman. Have you kept it from that time to this? - No, I put a mark on it, and they have had it for their own usesince.

Court to Mrs. Warren. How came it here? - Mr. Warren brought it here, two or three nights ago, and it has been over the way at the baker's ever since; I expected the trial to come on before now.

Whiteman. This is the copper, here is the mark I put on it.

Mrs. Warren. There is the mark I put on it, it is a scratch with a penknife, this is the one that I see the prisoner throw down.

Prisoner. I know no more than a child unborn about it.

Court to Mrs. Warren. Do you know this man at all? - He is quite a stranger to me.

Court to Gunner. Are you sure that is the man that was in the passage? - I am.

Court to Gilpin. Did you see any body else running besides this man? - No, there was nobody else in the street.

Prisoner. I never saw the man that took hold of me first, from that day to this. My friends were here about an hour ago, and I thought I should not be tried to night. I have worked hard for my living ever since I have been able.

GUILTY . (Aged 21.)

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-56

124. SARAH MOGG was indicted for stealing on the 19th of December , a pair of linen sheets, value 5s a wollen rug, value 2s. a bolster, value 1s. a tin boiler, value 1s. the goods of William Wingfield , in a lodging room .

WILLIAM WINGFIELD sworn.

I know the prisoner, she came to lodge with me on the 16th of December; I don't know the day of the week; she stayed three nights. On the 19th I went up and found the door on a jar; I believe it was Thursday, I missed the things off the bed, it was early in the morning; one pair of sheets were missing, a wollen rug, and a boster, and a tin boiler; I found the boiler when I took her up, she said the rest of the things were sold to a jew; I took her up in the course of a week; I found her at an acquaintance of her's in Newtoner's lane.

Q. Had not you told her it would be better for her to confess, or something of that kind? - I asked her for the duplicates, she said they were sold to a jew, I told her if she would tell me where the property was I would not prosecute her.

Court. Then I cannot hear nothing about it; as to this tin boiler where did you find that? - Where I took her up at the house.

Q.Did you find the tin boiler in her hands, or in the possession of any other?

- No, it was in the room, it stood on the floor, we took it from that room.

Q. Did any thing pats about that tin boiler in conversation? - Not to my knowledge, this apartment was an acquaintance's, not her's; I know it by a mark on it; I punched a hole in the handle when I bought it.

MARY MOORE sworn.

I live in the house of Mr. Wingfield.

Q. Do you know what property was delivered to the prisoner when she took the lodgings? was there a tin boiler delivered to her? - Yes, and a pair of sheets and woollen rug and a bolster.

Q. Was the boiler misssing when she went away? - Yes.

Q. Did you miss it on that day? - Yes.

Q. Did you go to her house at all? - No, I did not.

Court to Wingfild. Did you know any of her accquaintance in that house? - No, I did not, I don't know how it came there, I went to a magistrate, but he would not give me an order.

Prisoner. I sold things in the street, and I happened to be out that night with half a bushel of sprats, and I was out about two hours and a half, and when I came home I found the door wide open, and nothing on the beadstead but the bed; the guilt and blanket I never laid with on the bed while I was there, nothing but the bare sheets, and the padlock laid in the midst of the room; when I went down stairs, and fell down stairs, and there was another young woman with me, and she got me away to sleep with her, I came the next day to look after the things, and I found he was about looking after me, and he took me up to the justice's, and searched me and found nothing, I lost every rag of my own in the room, but what I had on.

Court to Wingfield. Did she use to look the door with the Padlock when she went out? - Yes, she did.

Q. Do you happen to know whether that padlock was ever broke? - No.

Q. Did you see any thing of the padlock when the door room was left a jar? - It was left a jar, and she had the key in her pocket.

Prisoner. The staple was drawn when he let me the room; there were two old women in it; and I catched my landlord on the stairs, with a bunch of keys in his hand once or twice, it was the very next day that I came to my landlord, I never broke my fast before I went to him after this happened.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-57

125. JOHN STRINGER was indicted for stealing, on the 11th of January , two lines shirts, value 5s. the goods of James Miller .

JAMES MILLER sworn.

I live at No. 14. Monmouth-street, in the parish of St. Giles's, in the fields . I am a plumber's labourer , I lost two shirts last Saturday night was a week; I went out for a pint of beer, and when I was out I see the prisoner lurking about, and I thought it was very fit I should see what he was lurking about the door for, as I was standing looking I see him go back to my apartment; I have a lodging in the kitchen, and these two shirts were hanging up for sale.

Q. Where is the kitchen, on the ground floor? - It is below in the cellar, and when he came close to the cellar door, he made a full stand, and dragged away the two shirts with him; they

were hanging on the side of the door, pinned on a listing, he got them off from the pin; there was a backney coach passing at the time, and he jumped up behind the backney coach, and I followed him, when I saw him take them away I pursued him, and I said, you dog I have got you now; with that he jumped off the coach with the two shirts on his arm in this manner, and ran off; I still kept the pursuit, as soon as I got to the bottom of the street, I thought the watchman would take him, and I hallooed out stop thief! and the watchman followed him directly, and sprung his rattle, and he ran up as far as the Angel inn, and running through the gateway right opposite, he got through the two posts, and I kept following him, and I was close up to him in the passage, but I was afraid to touch him, for fear of his knocking me down, when he got out of the passage he fell down, and I stood over him, and says I to the man, it is there you lay last, and gave charge to the watchman of him.

Q. What did he do with the shirts? - He threw them away; I saw him just as he got half way past the coach.

Q. Did you lose fight of him, during this time? - Never.

Q. In no turning whatever? - Never, for I was quite close to him.

Q. Who picked up the shirts? - I cannot tell, for I did not stop.

Q. How soon did you get your shirts, after you took the prisoner? - I did not get the one at all, I have got the other here, my wife picked it up.

Q. Was your wife at home on this alarm? - She came up when I was gone.

Q. Did you see her come out of the house? - I did not stop.

Q. Can you tell in what part of the street you saw the prisoner getting down from the coach? - It was in Monmouth street, as near as I can guess opposite the Anchor.

Q. Who kept that shirt from that time to this? - It has been in my possession, in my apartment.

Q. Is your wife here? - She is not here.

Q. In what space of time might you see your wife again? - I see her at about one o'clock.

Q. What time did this happen? - About the hour of twelve.

Q. How happened it you did not see the shirt before one? - It was a long time before I came to the watch-house.

Q. Was the street dirty? - very dirty.

Q. Was the shirt dirty? - Yes.

Q. Have you got it here? - Yes, here is the mud of the street, where it lay.

Q. These two shirts hung up at the door, were there any shirts hanging up in that cellar besides your own? - No.

Q. Is your name on the shirt? - No, but by that shirt being put up for sale, I think it is ours.

Q. Does your wife take in washing? - She does not, she washes for nobody but her own family.

Prisoner. Ask him whether he could swear to the property at the justice's? - I could.

JEREMIAH HEARING sworn.

I am a watchman, I am the man that took the prisoner.

Q. Who was present? - There was nobody but this man, the prosecutor, the prisoner was running before this man, and this man after him, crying stop thief!

Q. Did he fall down? - He did.

Q. Did you stop him at that time? - The prosecutor was the first man that came down, and I came down next, and he gave me charge as soon as he came down.

Q. What did he charge the prisoner with doing? - With taking two shirts from his door, at No. 14, M nmouth-street; I took him into custody.

Prisoner. Ask him whether he did not say at the justice's, that he came by that house five minutes before, and whether he saw me lurking about the house then? - I might say I was by there five minutes before.

Prisoner. As I was coming from work last Saturday night was a week, about half past twelve, I came from my pay table, I had been at work hard all the week, I was going down Monmouth-street to buy me an handkerchief to wear; just very nigh the bottom a man runs against me, and knocked me down backwards; there was a coach going by, and the man jumped up behind, and this gentleman comes up to me, and when I recovered myself again I heard a cry of stop thief! and I got up and ran after this man, and this gentleman ran after me, and catched hold of me, and said I stole these shirts. I have not a friend in the world, I work hard for my living.

GUILTY (Aged 28.)

Judgment Respited .

Tried by the second Middlesex Jury before.

Mr. RECORDER.

Reference Number: t17940115-58

126. GEORGE PITT was indicted for that he having become a bankrupt, within the meaning and intent of the several statutes made and now in force concerning bankrupts, or some of them, and against whom a commission of hankerupcy under the seal of Great Britain hath been awarded, and issued out, and he having been there-upon declared a bankrupt, feloniously did conceal divers goods, wares, and merchandize, being part of his personal estate, to more than the value of twenty pounds, which he possessed, and which he was in possession, before and at the time of issuing the commission; namely, thirty-eight yards of black lace, value 6l. twenty-six yards ditto, value 5l. 19s. 3d. twenty-nine yards ditto, value 1l. 8s. 8d. thirty-five yards ditto, value 11l. 3s. twenty yards ditto, value 1l. twenty-five yards ditto, value 1l. 5s. thirty yards ditto, value 1l. 10s. ten pair of black silk stockings, value 4l. 10s. six pair of womens silk stockings, value 1l. 5s. six other pair, value 2l. six pair ditto, value 2l. 9s. twelve pair of mens spun silk stockings, value 3l. and a great variety of other goods, and thirty-one pawnbrokers duplicates, with intent to defraud his creditors, against the statute and against the King's peace .

Indicted in a Second COUNT in like manner, except the proceedings are not so fully stated.

Indicted in a Third COUNT and that he generally concealed goods to the value of twenty pounds and more, namely, to the value of six hundred pounds, with intent to defraud his creditors.

(The Indictment opened by Mr. Russell, and the case by Mr. Fielding.)

RICHARD WILLIAMS sworn.

Q. Did you live shopman with the bankrupt in the month of August last.

Mr. Garrow. Are you a creditor of the prisoner's? - No.

Mr. Russell. How long did you live with him? - All the time he lived in Oxford-road, ten months before he was a bankrupt.

Q. What did he deal in? - Haberdash cry and hosiery.

Q. Did he keep an open shop? - Yes.

Q. Did he buy and sell, and trade in the haberdashery and hosiery goods ,

Q. Do you know whether he dealt with a person of the name of Hudson and Lowry? - He bought of them laces and lawns.

Q. Any other haberdashery goods? - Not that I remember.

Mr. Garrow. What sort of laces were they? - White and black.

Q. Don't you know that by much the largest porsion they were conuraband and smuggled goods? - I cannot say.

Q. Upon to oath have you the least doubt about it remember that you must speak and you must speak out.

Court. The question the gentleman asks you whether they were or were not smuggled goods? - I cannot say.

Mr. Garrow. Have you any doubts that they were smuggled? - I have.

Court. Do you believe them to be smuggled? - I cannot say how they came to Mr. Hudson's and Lowry's.

Q. I ask you from your knowledge of the trade, and made of dealing; do you believe the greatest part of them to be smuggled lace, and were they not sold as such? - Some part of them came as from abroad.

Mr. Garrow. Do you mean either to state on your oath that they were not bought of your master, and sold by these gentlemen as smuggled lace, and accounted the more valuable as smuggled lace? - I cannot say.

Q. Now I ask you your belief about it? - The greatest part of it were sold as foreign goods.

Q. From what country? - France.

Q. As smuggled from France, were they not? were they silk lace? - Silk lace and thread lace too.

Mr. Russell. Do you know from the inspection of the lace, which are foreign and which are made in Buckinghamshire? - I do.

Q. Do you know of your own knowledge that any of these laces, except the silk laces, were foreign lace? - No.

Q. Do you know what quantity the whole quantity was, that was sold by Mrs. Hudson and Lowry? do you mean to say that the larger part was silk lace that you bought of Hudson and Lowry? - No, I do not.

Q. What proportion were they? - I cannot say.

Q. Do you think half were? can you undertake on your oath to say? - I cannot.

Q. Look at the endorsement, on the back of it, and see whether that be his hand writing? - Yes.

Q. Do you know the hand-writing of Clayburn, who is the drawer of the promissory note? - I have seen him write, I believe it is his hand-writing.

Q. Do you remember any application at your house for the payment of that note of Clayburn's? - I remember Mr. Hudson came to my master's house with Mr. Grickson, three or four days after the note became due.

Q. Did you tell your master that? - I did.

Q. Did you tell him that they they wanted the payment of the note? - Yes.

LAUNCELOT BECK sworn.

Q. Do you live with Messrs. Hudson and Lowry? - I do.

Q. What do they deal in? - They deal in various articles, such as lace and haberdashery in general.

Q.Look at the note, and see if it is your hand-writing? - It is, it is the account currant.

Mr. Garrow. Is that paper a copy from any book? - It is.

Q. Where is the book? - At home.

Q. Then you may put the paper into your pocket.

Mr. Ressell. Do you know of your own knowledge of the delivery of any goods to Mr. Pitt? - I cannot without the assistance of the book.

Q. Can you tell of what sort the goods were that were sold to Mr. Pitt? - I cannot tell, it consisted of lace, ribbons, cambricks, lawns; I cannot recollect the other articles.

Q. Was the laces all of the manufactory of this country, or part of one country and part of another? - Possibly there may be of both.

Q. Can you tell what the proportion of English laces were to the rest? - I cannot positively say.

Q. Is there a man of the name of Earl a manufacturer of lace that you buy of? - There is.

Q. Was there any of his lace sold to Mr. Pitt? - There was.

Q. Where does Mr. Earl live? - At Berkhamstead.

Q. He is a manufacturer of lace there? - He is, I believe, or least ways he goes by that title.

Q. Did you at any time apply to the prisoner at the bar, for the amount of Mr. Hudson and Lowry's debt? - I have applied for sixty-nine pounds due, which is a note unpaid; and a forty-nine pounds, which is not due, according to agreement.

Q. Is that due now, according to the usual mode of credit? - It is.

Q. What is the usual credit of your trade? - Three months running account, and credit for three months afterwards.

FLORIMAN JOSEPH DUSAR sworn.

I am clerk to Messrs. Whit's and Rowley, they are silk weavers.

Q. Do you remember on the 10th of August making any application at the the prisoner's to him? - I did, it was representing a note of George Pitt , for two hundred and twenty pounds payable at Whit's and Rowley's, which note George Pitt could not pay; I was desired to call on him, and to ask him if he could pay that note? he said no, he could not, and therefore the note was taken up at the Bank of England, with the money of Whits and Rowley, I took it up myself.

Prisoner's Counsel. You say this note was taken up by Whits and Rowley; don't you know the prisoner Pitt paid thirty pounds towards it, and Whits and Rowley consented to pay the rest? - To the best of my recollection it was so.

Q. Then he gave you a fresh note? - He did not.

JAMES GORELY sworn.

Q. Did you go to the prisoner's house on the 20th of August? - I did.

Q. On what occasion did you go there? - I went there on an execution; I had a warrant under the hand of the Sheriff.

Q. Did you see Mr. Pitt? - Yes.

Q. How long did you remain in the house? - Forty-two days.

Q. Did Mr. Pitt remain in his house during the time you was there? - He slept there I believe only two nights, no more.

Q. How soon after you came to the house did he leave it? - I think it was the Wednesday night he went, the 22d.

Q. Had you any conversation previous to his leaving this house, on the subject of it? - No, only he told me he was

going out of town, on backward state of his affairs; then he afterwards came on the Sunday morning, and waited till the Sunday night, he then went away again, and he stayed away till the next Sunday.

Q. Then the twice that you speak of, of his coming home was on a Sunday? - I never saw him but the first night, except of a Sunday.

Q. Had you any conversation with him after he first left his house? - Why he wanted to be out of the way till his affairs were settled, that was all the reason he gave.

Q. Was he at home any time but of a Sunday, after he went away? - I never saw him.

Q. Can you fix with certainty the day that he went away first? - I can fix he was there only two nights after I went in.

Mr. Garrow to Court. It is stated in the indictment to be the 21st, when he committed the act of bankruptey.

Mr. Russell. I think it is perfectly immaterial which is mentioned in the indictment, if it is after the act is committed, the same is in the case of an indictment for murder.

Mr. Garrow. The indictment states it that he committed it on the 21st of August, and the witness has proved that he did not commit that act until the 23d of the month of August.

Court. In the way the indictment is drawn it can be no objection.

Mr. Garrow. I own this transaction is mentioned in the indictment under a perfectly satisfied with the court's judgment, but I am never satisfied with my own.

Q. To Williams. Do you remember when the last witness came into your master's house? - The 20th of August.

Q. What became of your master? - He was there, and stayed all that night and the night following, I think he left there on Thursday following.

Q. What was the occasion? - He did not mention the occasion till he came back again.

Q. How long was he absent? - Four or five days, he told me that his affairs were in an unsettled state, and that he was obliged to go again, then he went.

Q. Did he say any thing more to you? - No.

Q. How long was he absent when he went away the second time? - I cannot say how long he was absent; to the best of my memory, I saw him before he came home, I met him I believe the first time at the Green Man and Still.

Q. Was you sent for to come there to him? - I was.

Q. How long was this after he had gone from his house? - About nine days, he still said that his affairs were unsettled, and he hoped he should get them settled soon.

Q. He did not go back to his house from the Green man and Still? - No.

Q. When did you see him next after this time? - I see him almost every two days, after that at different places, not at his own house.

Q. How long was it before he returned to his own house? - I don't know that he was in it except of Sundays after he went.

Q. Do you remember any application being made there during the time he was absent for any money? - Yes.

Q. Who applied? - Mr. Lowry and Mr. Grickson, both at the same time.

Q. Did they apply more than once? - Yes.

Q. Was the application made to you? - Yes.

Q. Did you tell them where your master was? - No, I did not.

Q. Did any other creditors that you remember apply that wanted money? - There may be persons coming for him that I did not know their busines.

Mr. Garrow to Beck. Your house is in a considerable way of business? - It is.

Q. What is your peculiar department? - Book-keeper and Warehouseman.

Q. Consequently you record in the course of a year a great variety of transactions that don't go perhaps through your own hands but through others, not your own personal acts? - Certainly.

Q. How many different persons do you record the transactions, six or seven? - Yes.

Q. Two masters and how many shopmen? - Four or five in general.

Q. Of course you take in order to make your entry in the ledger from the day book, the journal, the bill book, and so on? - Each person keeps a memorandum book and I copy in the ledger, each person has a separate memorandum book which he keeps, from which I collect into the day book once a month.

Q. Is your day book the same thing as journal? or an antecedent book to the journal? - We keep only the memorandum book, journal and ledger, the articles are posted from this day book into the ledger.

Q. Now the ledger is so made up as you have just been stating. The book itself is made up in the manner that you have described it, made up of all the various six or seven persons accounts who do the business? - It is so.

Q. Could you tell us how many facts recorded in that ledger to the prisoner's credit are out of your own memorandum book? - I cannot positively say without looking at the book.

Q. As to all the other transactions, except your own, you know nothing about, more than seeing them entered in their memorandum books? - I kno that except I possibly stood b it was done.

Q. Whether the particular parcel is delivered or no you cannot ten?

Mr. Garrow to Court. I submit to your lordship that he cannot look at his ledger, I agree that he has a clear right to look at his own memorandum book.

Beck. I have the original memorandum books here, and part of them are my own.

Mr. Garrow. I can have no objection to his looking at his own or any other that he knows the facts of his own knowledge.

Mr. Russell. Do you turn to your own memorandum books and see what is there writ down to Mr. Pitt's account.

Mr. Garrow. Will you be so good as to name the date of the first transaction and you must at present confine yourself to the joint debt of Hudson and Lowry? - It is all on the joint account, the separate account is all settled.

Mr. Russell. Have you any time delivered to Mr. Pitt a bill of parcels? - I have of goods that I sold him in his own shop.

Q. To what amount can you say that you have delivered to him goods with bills of parcels? - I have applied to him to settle the account, the last account I settled with him was the first day of August, sixty-nine pounds, the bill was not paid, that was the only sum that was due, there were various other sums that were not due.

Q. Did you at any other time apply to him for the payment of any other money than that sixty-nine pounds, and when? - I cannot positively tell.

Q. What goods can you undertake to prove from your own knowledge came to

the hands of Mr. Pitt from Hudson and Lowry? - I cannot prove but a very little quantity of my own delivery, because I am not in the habit of delivering goods.

Q. Well begin with what you can first of all prove and then we will come to the rest? - There is no more than fifteen shillings and nine-pence, that I can speak to the delivery of them myself? there is a man of the name of Hatton who is constantly in the habit of carrying out goods.

Q. Did you at any time deliver any goods to be conveyed to Mr. Pitt? - I cannot say; I should imagine I have, but I cannot say.

Q. Did you see any delivered to him for that purpose? - I am in the habit of doing it every night, but I cannot positively say.

Q. You say the sixty-nine pounds was the only sum that was due, had you any conversation about what was not due? - I had.

Q. Did you state to him the amount? - I did, one hundred and forty pounds one shilling and four-pence.

Q. What did he say about that? - He said according to the agreement it was to be put in after Midsummer, which is an additional credit, and that it was to be paid three months after the usual time, the 24th of June, and consequently would not be due till the 24th of September; he said that it was not to be settled that time but in the next account.

Mr. Garrow. Was you privy to the agreement, or do you know it only from your master? - I do not know.

Mr. Russell. What did he say on that occasion? - He said according to agreement Mr. Hudson was to put these goods in after Midsummer, and then they would be due at Michaelmas. We go from Midsummer to Michaelmas.

Mr. Russell. He contended that by the agreement, he was to have three months extraordinary beyond the usual credit? - The account of these goods, according to custom, were to have been settled on the 24th of June, and he said according to the agreement, it was to be on the 24th of September.

Mr. Garrow. At any rate they would not be payable for till after September.

Mr. Russell. Do you know what was the consideration of this note of Clayburn's of your own knowledge? - No, I only know by hearsay.

Q. Do you know any thing of Pitt yourself? - No, I had no transaction on this note.

Mr. Garrow to Court. My lord I should think that this cannot be included within the statute.

Mr. Russell. A debt not due is not only proveable under a commission, but it may be proved.

Court. The statute of Charles the first and second will not extend to that.

Mr. Russell. At present we have proved more than a hundred pounds due upon notes, one of which he is the indorser of sixty-nine pounds four shilings, and forty-five pounds, they constitute a debt previous to the commission for they were both due at that time; and the witness states that he gave notice to Mr. Pitt, that Clayburn's note was not paid.

Mr. Garrow to Beck. This note of Clayburn's was put in in order to else out a sum to convict a man of a capital offence. On your oath don't you know that every farthing of this money is paid? - On my oath I know nothing at all about it.

Q. Do you believe, on your oath, that there is one guinea, or one shilling due on the note? - I never heard that it has been paid.

Q. You don't know that Clayburn was arrested and paid it? - On my oath I don't know.

Q. Don't you know that on an arrest Clayburn paid every shilling of it? - I never knew that on my oath.

Q. Did you ever hear it? - I never heard it. (The bill read by the clerk of the court.)

Mr. Garrow. They must go a great deal further than this.

Russell to Beck. Do you know of any application to Mr. Clayburn for the payment of this note at the time it became due? - I do not.

Court. When did it become due? - The 27th of August.

Mr. Garrow. What day is the act of bankruptcy proved? - On the 23d of August.

Mr. Garrow here objected that this bill of Clayburn's, was not within the meaning of the statute of bankruptey as they had not proved a default in the case of Clayburn, which the court allowed.

NOT GUILTY .

Tried by the London Jury before the Lord CHIEF BARON.

Reference Number: t17940115-59

127. JAMES GARSIDE was indicted for stealing on the 5th of January a live cock fowl, value 2s. four live hen fowls, value 5s. and an iron padlock, value 2d. the goods of George Needham .

GEORGE NEEDHAM sworn.

I live in Westminster , the constable has got the Padlock; my son locked the fowls up on Sunday night about four o'clock in my place, where I keep the fowls in, and at about nine o'clock I went out to the place and all was safe, and the sowls were in, there was nothing, no more of it seen till Monday morning, my wife found the door open, and the lock was gone, and I saw it myself; I then went to the place and my little boy found one of the heads of the sowls and another man brought another, thrown into the street about a hundred yards from where we live. It was close by the watch house door; I asked the man if he had heard any fowls? he said he had heard a terrible noise with them about ten o'clock; then I went to the patrole of the night, and I asked him; the watchman took the man about half after ten.

ROBERT TREE sworn.

I am the watchman; going my round about ten in the evening, it was the fifth of January, going up into Duke's Court, at the Marquis of Granby's, in the Hambury, Westminster, I saw the prisoner come without his hat down the court.

Q. How far was that from Mr. Needham's? A considerable distance? - A considerable distance, upwards of a quarter of a mile. Going up to call the hour, I see something lay in a corner between the houses of number 1, and number 2, in Duke's Court; I went and put my stick to it and stirred it, the prisoner-followed me up and said to me, what is that watchman? I said I think it is a soldier's knapsack, I put my hand to pull at my rattle to take it and spring it with my right hand and I took hold of him with my left, and told him he was my prisoner, and I sprung the rattle for further assistance, and the prisoner made but small. resistance, but I secured him till two patroles came to my assistance; I found nothing there on him, because the fowls were laying in the corner and he followed me up.

Q. What were the fowls in? - In nothing.

Q. You did not see him with the fowls in his hand? - No.

Q. Did you see him put the fowls in the corner? - No, him following me up gave me a suspicion.

Q. Then who put them there, you don't know; and your only ground of suspicion of the prisoner was, he happened to be near where the fowls were? - Yes. I secured him, and put him in the watch-house, taking him to the watch-house they found some blood on his clothes.

Q. Were the fowls dead? - They were.

Q. How had they been killed? - Their necks seemed to have been pulled off.

Q. Was there any blood about him? - Yes, we made search of him to find if he had any thing in his pockets, which the constable that is here, found a padlock with some keys. I did not search him, the constable did that took the padlock in custody.

Q. Did you see the padlock taken out of his pocket or from him? - Yes, from his pocket.

Q. What did you do with the padlock and keys? - I did not take them into my custody, the constable did.

Prisoner. He said I made but small resistance, I would be glad to know what resistance I made? - Yes, he made resistance, and shoved me off to disentangle himself from me, and asked me the reason for what I took him.

Q. I wish to ask him if I chose to make my escape whether I could or could not? - Yes, I was past the place having no suspicion of any thing laying there; but I thought I might see some girls of the town there, for which reason the prisoner followed me back, or otherwise I could not have took him.

Q. I wish to know whether he has mentioned that he did not think me guilty of the crime or not? - I said that possible the man may be innocent, for what I know.

THOMAS DENHAM sworn.

I am a constable. I saw the prisoner at the bar, this Sunday night that they talk of. I was in the watch-house, he was brought there a prisoner, I searched him, I found this lock and three keys, and a duplicate on him, nothing else. I have kept the lock and keys ever since.

Court to Free. What did you do with the fowls? - The justice told me to take them home and dress them.

Q. Court to Needham. Did you see the fowls? - I did, the watchman, Robert Crane , shewed them me the next day, he had them in his hand.

Q. Could you tell whether they were your fowls or not? - It was, I could tell them from a thousand, by their feathers and marks they had on their feet; the cock had one claw quite up, and the other down, and one hen had one claw quite off.

Q. Look at the padlock? - It is my padlock, I know it by a hole in the back, I can swear to the lock.

Prisoner. Coming along Tothill-street that night I picked the padlock up, I went then to get a pint of beer at the corner of this court, I saw the watchman and I went up to him and asked him the question he says, and he immediately took me into custody, I made no resistance I assure you.

The prisoner called Thomas Needham , William Walden, and James Parker , who gave him a good character.

PHILIP DAVIS sworn.

I lodged with the prisoner during the time that he was taken up for the fact he is now tried for; I have had some property, and I have left him with property, which in my situation is something. I was with him the same night that he was suspected of the robbery; the prisoner asked me if I had got any money in my pocket? I lent him two shillings, I told him he had better come home to bed; the prisoner said he would come, I took his hat off and took his hat with me and went home, and he came to the door as the landlady said afterward, and could not

get in. I told the landlady I had left the prisoner outside of the door till such time as the prisoner came in.

Prisoner. Ask the witness if he did not hear the watchman say that I was not guilty of the crime? - The watchman said that he believed he was not the man that had any part or connection with the fowls, as it was a place of no thoroughfare were he was taken, and he would have walked away from him; I left the prisoner as I thought, with an intent to come home to bed at the time.

Court. You say that he said it was a place of no thoroughfare? - It was where the prisoner was taken.

JOHN LESTER DISTAN sworn.

I have known the prisoner near six months to hear an honest character, so far as I never heard any person impeach him with dishonesty, but as a reference to you my lord, last Tuesday I came down the street to George Chadwicke 's that keeps the public house, when I came in I called for a pint of beer, the prosecutor was there, he said to me, when did you see your friend? I made answer and said, I see him on Sunday; I told him I was extremely sorry for the young fellow especially on account of his family, says I, as you are a father of children I am sure paternal care and tenderness would exempt you from prosecuting a young man that perhaps is not guilty of the charge that you alledge; says he, it is not me that prosecutes, it is the watchman, on account of the forty pounds, that he thinks would bear his weight, and particularly there was not myself alone there that heard it, there was the landlady of the house and two or three respectable people that were in the place.

Needham. I did not say so, I asked him if he had seen his acquaintance? and he mentioned about his having children, and I said I did not want to hurt the man.

Q. Did you say that the watchman prosecuted him for the forty pounds? - That I did not say any thing about, because it was an out house, that part is not true.

Davis. I heard the prosecutor say that he would wish no more than the property to be returned to him again or otherwise he would seek a remedy for it to the utmost of his endeavours.

Prisoner. There was a public house at the corner of the Court that I was going to.

Free. The public house is at this corner and he had past it.

GUILTY . (Aged 24.)

Imprisoned one month in Newgate and fined 1s.

Tried by the first Middlesex Jury before Mr. Justice GROSE.

Reference Number: t17940115-60

128. JOHN COLETHERNE and HUMPHRY DUNNIVAN were indicted for a conspiracy .

BARNARD ROYAL sworn.

On the 12th of November , I and another person were drinking at the Crow public house, Moor-lane, Fore-street , and we had three pots of beer, and called for the fourth, I was drinking with John Grissin and another, John Soar ; it was about a quarter past eleven o'clock at night, John Coletherne he took the pot of beer away in order to give it to another customer and did not bring it again, and he asked if two pints would do instead of the pot? we answered yes, he brought two pints, the one he put before me and the other he put before Griffin, and that he gave to me he was observed to put something into it; When he set it before me. I

took and drank it, as soon as I had drank it I observed it was not like what I had had before, as soon as I drank it I found myself very poorly immediately, I gave it to Joseph Griffin to taste, and he found fault with it first and spoke to the landlord, and the landlord he drank of it, and he said there was something a matter with it, he did not know what it was, and he said it might be changed for me; I desired it might be changed, for I thought there was something in it that ought not to be, and I found my mouth so rough that I could not bear my tongue to go against it, and Griffin the same; I called to Coletherne and asked him if he had put any thing in the beer? he said no, he had not.

Q. Had not you been told by this time that he had done it? how came you to ask him? - Because he was the person that drew the beer; he said, he should be very wicked to put any thing in my beer as I had never done any thing to offend him, and when he said them words he fell a crying; I requested Mr. Youl, the landlord, to go along with me to the doctor; the landlord said he would not, because he had tasted it and found no inconvenience, but at last he agreed to go along with me, but before I got to the Doctor, I was obliged to go to the kennell twice to get some mud to wet my tongue with, I was so very dry and so was the landlord, but he does not remember it.

Q. Was you worse after this? - Yes, for two or three hours, but the next day we got better, except the landlord.

Q. What fort of an illness had you the next day? Did you get well without the doctor? - I was very weak the next day with reaching.

Q. Was you sick at your stomach? - No.

Q. Was you sick the night before? - I was with what the doctor gave me to take.

Q. What did the doctor give you? - I don't know what it was, he ordered me to drink some oil.

Q. What time did you see the doctor that night? - About a quarter past eleven.

Q. Then you took some oil, did you? - Yes.

Q. Was any thing brought off your stomach? - Yes, by vomiting.

Q. Is the doctor here? - Not that I know of.

Q. How do you know what it was that he put in the pot? - It was analysed by a gentleman in the Poultry.

Q. Is he here? - Not that I know of.

Q. Then you don't know yourself at all what was in the pot? - No more than what the doctor says.

JOSEPH GRIFFIN sworn.

I am a cordwainer; I was at the Crow on the 12th of November last, about ten and eleven in the morning, this happened about eleven o'clock at night, I did not see any thing particularly happen, I drank of a pint of porter after Barnard Royal had drank of it.

Q. Was you all that day in the public house? - I was in and out till eleven o'clock; we called for a pot of beer and Coletherne brought in two pints, I drank out of the second, after I had drank, I found myself thirsty, my mouth was quite rough inside, we went to Doctor Dyson 's in Fore-street, he gave us some powder and oil to take.

Q. Did you feel any other inconvenience besides your mouth thirsty? - Nothing but my mouth rough and I felt thirsty. He told us to take the powder and to work it off with water gruel.

Q. Did that occasion you to vomit? - Yes, it did.

Q. Was you well the next day? - I felt myself very weak inwardly, that was all the inconvenience I found.

Q. Had you had any quarrel with Coletherne or Dunnivan? - None at all.

Q. Do you know that either of them had any resentment against you? - I don't know that they had.

JOHN BELL sworn.

I am a shoemaker; I was standing behind the boy John Coletherne, and I saw him shake something in the pint pot.

Q. Which hand did he hold the pot with? - With his right hand.

Q. Then it was his left hand that he shook over the pot, was it? - It was. After they had began to be very poorly I told them of it.

Q. What did it occur to your mind that he might be doing at that time? - I thought he might be putting ginger in, or something, when I saw him.

Q. Did you see any thing pass from his hand to the pot? - No, I did not.

Q. After the persons were sick, you say you told them of it, what time might that be? - About half past eleven.

Q. What did Coletherne say to it? - He cried and said he did not put anything at all in.

Q. You speak only to Coletherne? - I never spoke to the other boy, I know nothing at all about him.

Q. Who are the boys, do they belong to the house? - They are the servants of the house, one was gone away Dunnivan had been gone from that house about ten days, and Coletherne was succeding him.

Q. Had you ever seen Dunnivan in the service of the house before? - No.

JOHN YOUL sworn.

I am a publican, I am the landlord of the house. On the 12th of November, these two young men came into the house that I keep, about a little after eleven, they wanted a pot of beer, Royal and Griffin, we had not a quart pot, in the house, so we brought it in two pints, the boy brought it, the least of the two boys, John Coletherne ; I just went out of the tap room and came in again, and Barnard Royal said there is something a matter with this beer, because it is not the same as we have had before; he gave it to Griffin to taste, and Griffin said it was not the same, and Griffin handed it to me, and I drank a little of it; I went out and I came into the tap room again in a few minutes, and Barnard says, I am sure there is poison in this beer; I believe the little boy was in the tap room, I am not sure, so, says I, I cannot think of any such thing, says he, I am sure there is, for God's sake let us go to a doctor; I really made a smile of it, but I went with him at last, I was not ill so soon as him, and Griffin and Barnard went with me, by the time I got to the doctor's I believe I was so bad as either of them

Q. How did you find yourself? - A drought and my tongue as rough as a rasp almost and a sickness. We called the doctor up, and the doctor gave us an emetic, and something to drink, and we returned home, we were very ill for about five or six hours, under this operation of vomiting.

Q. Do you know what was in the porter at all? - It was analysed, by Mr. Siver in the Poultry.

Q. Is he here? - No.

Q. How came that gentleman not to be here? - I don't know.

Q. Was he before the grand jury? - No, he was not.

Q. That was not the gentleman that gave you the vomit? - No.

JOHN APPLETON sworn.

I get my living by writing letters and petitions; about a fortnight before this matter happened, Dunnivan was brought

by Mr. Humphries to Guildhall, charged by Mr. Youl for blasphemous words; as his master released him, he said he would poison him in the course of a month, the way he came to say that, Mr. Youl forgave him the offence, on his promising not to do the like again, and Mr. Youl paid eighteen pence towards his fees; he was in his service at the time; as soon as Mr. Youl's back was turned, he put his hand into his pocket, and pulled out several shillings, and said, see how I have done the old b-gg-r, I will poison him in the course of a month.

M. Knowlys. It is not very material what you have said, but for the sake of your good wishes I will have a word or two with you; the boy said this publickly? - He did.

Q. And the marshalmen were attending before the alderman? - This was at the Cattle public house, in the hearing of several people, for the room was full.

Q. Pray how do you get your living? - By writing of petitions.

Q. For the prisoners in Newgate? - I don't write petitions for Newgate prisoners, but for the Marshalsea court.

Q. Then you live in the Marshalsea chiefly? - Not chiefly.

Q. What other honest way do you get your living by? - Writing is an honest way.

Q. Then you have no other way of getting your living than this, going about to the prisons? - No, I don't go about to the prisons.

Q. Where are you to be found? - At the Fountain wine vaults, in the Old Bailey.

Q. Do you live up in the garret? - I have two rooms there.

Q. What do you pay a week? - I don't pay by the week.

Q. What do you pay a year? - Eight guinea.

Q. If this is the only way you have of getting your living, how many hundred people must you write petitions for? - I never counted them.

Q. Why do you charge the prisoners with taking these things? - We were sitting at tea at five o'clock that evening, in my parlour, under this bed room, I have a bolt in the door with a wire coming down into the parlour through a round hole, and as we were sitting at tea we heard a gingel of the wire, and I was convinced there was somebody in the room; my wife said take the candle, I went up stairs, and found the door open, and Graham standing in the room, I ran away into the dark, without the candle and laid hold of him, and cried out thieves! thieves! and the stairs being next the door, we fell down both together, but I never lost my hold, and my wife made an alarm, hearing me cry thieves; by that time Mr. Manning and Mr. Hodges were come into the passage, and I never loosed him till we got him into the shop, the shop door is in the passage, when we got him into the shop my wife and I went up stairs, he was left in the parlour with the witness; I found my chest was broke open, and this coat was taken out of the chest, and all the rest of the things were laying about the room; this coat was removed out of the chest, on to the floor, this coat is in the indictment.

Q. Where were the other articles missing from? - The others were in the room, not in the chest.

Q. Were they all laid together, or separate? - My wife was in the room, and saw them last, they were all missing.

Q. You had that man committed I suppose? - Yes, he was; as we were getting of Graham into the shop, Freeman wanted to make his escape through the passage.

Q. Did you see him make his escape? - Yes, Mr. Manning laid hold of him.

Q. Where is this passage, at the bottom of the stairs? - Yes, facing of them.

Q. When you fell down with the other prisoner, did you see him then? - No, not till we were in the passage.

Q. Did Manning see him before you? - He may.

Q. At the time that you first saw him rush by you, was it as you was falling down stairs with Graham? - It was after we got up in the passage, before we got to the shop door.

Q. Do you mean to say that you saw the prisoner Freeman, that he ran, or that you only saw a man run? - Freeman rushed by me, and Mr. Manning took hold of him, he was stopped that moment by Mr. Manning.

Q. Did Freeman get out of the house? - No.

Mr. Knowlys. Do you rent this house? - Yes.

Q. Do you pay rent for the whole house? - I do. I let out the upper part, and keep the one pair back room for my own lodging.

Q. There were a number of other lodgers in the house? - Yes, there is a man and his wife in the two pair front room, and a man and his wife in the back room.

Q. The street door is generally left open? - It is, it was open at the time, that is the general course, because the customers must come into the shop from the street.

Q. How long was it before this matter happened that you saw this room? - My wife was up there about twelve at noon, and locked the door.

Q. Did any thing give you an alarm? - A wire of a night bolt that comes down into the parlour, I mentioned it, and we heard it, both of us, and my husband he ran out of the parlour door, and ran up stairs, and I heard him cry thieves, and I ran out of the shop door, and I suppose I cried thieves, but I cannot recollect; I did not see any thing at first, but in about a minute afterwards, my husband and the man fell down stairs together in the passage.

Q. Which of the men? - Graham.

Q. What else did you see? - They came pushing in the shop, when they had got him into the parlour I went up stairs, and I missed what are mentioned in the indictment.

Q. Were these articles all together, or separate? - The linen was in a coloured apron on the chest, which was broke open, my husband's coat was folded up, and laid on the top of them.

Q. The coat he has on now where was that? - In the chest.

Q. When had you last seen these things? - At twelve o'clock in the day.

Q. When you left the room at twelve o'clock in the day did you shut it or lock it? - I locked it, and put the key in my pocket.

Q. Pray was there any appearance of violence at your door? - None at all, it locked and unlocked as easy as before.

Q. Have you any servants in your house? - I have not; the key was never out of my pocket.

Q. Did you happen to see any thing of the prisoner Freeman? - He was passing by through the passage, and the other gentleman took hold of him; I was in the shop, just outside of the shop door.

Q. They were both detained I suppose? - Yes.

Q. Were they searched? - They were not in my presence, they were searched in our house, but I was not there at all at the time, there was a knife found on Graham, but not any property that I lost.

Q. Then you have never recovered any property, except the coat, which your husband has on his back? - No.

Mr. Knowlys. Mrs. Farnham, we are told you have a number of lodgers in the house, who know the situation of that room, and the lock, and all that? - Yes.

Q. You had seen this room at twelve o'clock, and not from that time till five; therefore if any person had been inclined to do any thing, they had from twelve o'clock till five to do it in? - I have no person of bad character in my house.

Q. Your lodgers doubtless have a number of people who come after them, that you don't know.

Court. These things have not been found; do you know for a certainty that all the articles were in the room at twelve o'clock? - I am certain.

Q. In what way then would you settle the value on them? - Seven or eight pounds is as little as I can put them at.

Q. Do you think they are worth five pounds,? - I am sure they would sell for more.

Q. Was any thing said by Freeman when he was taken? - Not that I heard.

AUGUSTUS MANNING sworn.

I am an attorney; Mr. Hodges, the coal-merchant and I, were passing down Princes-street that evening, about five o'clock on Christmas Eve, hearing the cry of thieves and murder, just as we came to the door of Mr. Farnham's house we stopped, we saw Mr. Farnham struggling with the prisoner, Graham, just

Q. How is this shop fituated? - There is a shop in the front, and a private passage, and the shop door is about a yard from the street door in the passage.

Q. Where was this struggle that you saw? - Just within side of the passage, Mr. Hodges caught hold of Graham in his hand and I together shoved him into the shop; at that instant the prisoner Freeman came along the passage and he endeavoured to pass me, I secured him.

Q. How was he passing? - He endeavoured to sculk by me without being observed, I stopped him and turned him also in, and before I got into the shop, I see Graham searching about him, and I heard something drop from Graham, I directed somebody to look for it, and they found something of a crow, we carried them then into the back parlour of the shop, and there Freeman dropped a large nail which somebody took up, I don't remember who, and the constable was sent for, and they were searched in the parlour, but no property was found on either of them.

Q. Mr. Knowlys. Was Freeman got to the door when you laid hold of him? - No.

Q. Then he had no possible opportunity of getting rid of any stolen property to any body in the street? - He certainly could not.

Q. Then in consequence of the search, you will take on yourself to swear that there was no stolen property on either of them? - There were not.

Q. Freeman was not rushing by you, but going as you think, rather secretly out of the house? - He was going rather secretly, I don't think it would have been policy for him to have done it in any other way. This knife was taken out of Graham's pocket.

THOMAS HODGES sworn.

I was in company with Mr. Manning on Christmas Eve, we were going down Princes-street, I think it is.

Q. Did you see any more of it than the last witness? - No, Mr. Manning see as much as I did. I heard the cry of murder and thieves, coming by the door, and I turned my head down to look, and I saw Mr. Farnham down on oneknee, struggling with the man, the prisoner, Graham.

Q. Did you see any body there besides Graham? - Not at that instant, I laid hold of Graham and I had scarcely got hold of Graham before Mr. Manning said, here is another of them; I turned round and Mr. Manning had hold of the other prisoner, Freeman. They were taken into the parlour, and the officer was sent for and they were searched.

WILLIAM WEBB sworn.

I am a barber, I lodge in the house.

Q. Did you see what past in the passager? - I was up stairs, when I came down stairs the men were in the back room.

Q. Did you see what sell from either of the prisoners? - No, I heard a great noise, and I came down stairs and I picked up this bit of an iron crow, I picked it up just going into the shop, between the shop and passage.

Mr. Knowlys. There were people continually coming up and down stairs to the lodgers in the house? - Yes, the street door is always open.

Q. How many people had been up between twelve and five, it is impossible for you to say? - A good many, I suppose.

Q. This was the Christmas eve about five o'clock in the evening, therefore a good many people coming backward and forward to the house? - I dare say there is.

Court to Prosecutor. What may be the value of that coat? - I would not take a guinea for it, it cost me one pound three

Mr. Knowlys. There is no old clothes man would give you a guinea for it? - It is worth more to me.

Q. And so are these peoples lives worth a great deal to them.

Prisoner Grabam. I am a plaisterer by trade, about a fortnight before Christmas I was discharged. Christmas time of the year the trade is slack, and so I went down in the country to my wife's friends to stay there till after Christmas, I came up at Christmas Eve to look after work, going along I bursted my shoe, and having no money in my pocket to pay for its mending I recollected I knew a person in Wych-street that mended shoes, and I was there told to go to a grinder's shop in Princes-street; I went up to enquire after this man at this house, directly as I got up to the top of the stairs the gentleman of the house came up and seized me.

John Graham , GUILTY , (Aged 20.)

William Freeman , GUILTY , (Aged 21.)

Of stealing to the value of 39s.

Judgment respited .

Tried by the first Middlesex Jury before

Mr. RECORDER.

Reference Number: t17940115-62

130. THOMAS NORTH was indicted for stealing on the 2d of January , a weather sheep, value 1l. 10. the goods of Thomas Hawkes .

The case opened by -

JOHN VAUGHAN sworn.

I am a shepherd to Hawkes, the Prosecutor.

Q. Did you on the 2d of January number your sheep? - I did, and found the number all right. On Friday morning I visited them as usual, and I missed one, I came down and acquainted our man of it, he was coming to town and he told our master.

Q. About what time on Friday morning did you miss it? - About eight o'clock. I found the place afterwards where it was killed, about one hundred yards off as near as I can guess. I found the skin in an adjoining field.

Q. Was there any other part of the carcase attached to the skin then? - Yes, there is a deal left on, a good deal about the hinder part towards the tail.

Q. How much of it? - There were pieces in several places, master can deseribe it better than I can, I have no doubt of it being the weather sheep I lost.

Q. Did you afterwards see any part of a carcase which you presumed to be part of the carcase of the sheep? - Yes, I see part fitted on at the justice's, and it all fitted.

Q. Have you any doubt of that part of the carcase which you saw at the justice's being part of the sheep which your master lost? - It all fitted exactly.

Q. Was there any thing particular in the size of this sheep? - It was a very large sat sheep.

Q. What do you mean to say by its sitting? did you find that these parts that were behind in the skin were missing in the carcase? - Yes.

Q. Tell us what parts were left behind in the skin that were wanting in the carcase? - Master can tell better than I can. When they were all compared, the joints sitted as near as could be.

Q. Was there any thing particular in the skinning of the sheep? - Yes, it was cut off along with the skin.

PATRICK MURPHY sworn.

I am a watchman of Clerkenwell, I apprehended the prisoner on the 2d of January, about five minutes before ten, he had a heavy load on his head, and I

thought it was stolen goods. I pursued him till I came to Clerkenwell Green, when I came to Clerkenwell Green, he went a cross the Green, and I got up to him and asked him what he had got? he said he had some suet coming to a tallow chandler in Cow Cross. He had a bag.

Q. What past then? - He then went on crossing the Green, I had not been satisfied with him, I felt the bag and I felt what was in the bag, and I knew it was not suet; then in crossing the Green he crossed from me, I told him I would shew him the right way to Cow Cross, if he was going to Cow Cross. He was still going to cross, I told him he should not cross there, I would bring him to the watch-house; when I told him that, he throws down the bag, and then I pursues him, and catches him, and brings him into the watch-house, and examined what he had. I went for the superintendant Richard Rolse, and he came, and he examined what was in the bag, we examined the bag together, and he had got the two hind quarters, and the two shoulders, and the sat of the sheep.

Q. Did it appear to you to be lately killed? - Yes it did, it being quite warm.

Q. What else was found on him? - A knife and three keys, and the heart of the sheep in his waistcoat pocket.

Q. Was the knife at the time bloody? - Yes, wet with the blood.

Court. Did you find any loins? - Yes, the loins were with the hind quarter.

Q. Was the neck and the head there? - No.

Q. Were they all in separate pieces? - The two hind quarters were joined together and the two shoulders separate.

Prisoner. There were two shoulders in the sack with them.

RICHARD ROLFE sworn.

I am the superintendant of the watch of James's, Clerkenwell.

Q. Was the prisoner delivered into your custody on Thursday night, the 2d of January? - When I was sent for on Thursday night, the 2d of January, I was eating my supper, when I saw him I said to him, what are you here again? knowing him to be in custody for some beasts before; says he, it is only dogs meat. it is carrion; says he, coming along Highgate, I saw a man killing a sheep in a ditch, and I asked him for the fat and these pieces, and he gave them to me, he was somebody's servant near there; says I, it is very odd to me that this man should give his malter's property away, I then searched the sack on the bench of the watch-house; the first time I put my hand in I pulled out a shoulder; says I, North, do you call this dogs meat? I call it very good meat. I then put my hand into the sack again, and pulled out the hind quarter, two legs and two lions, very heavy, very fat and good mutton, quite warm; at that time I put my hand into the sack again, and pulled out another shoulder cut more fuller from the head to the breast; then I found fat, about two stone, there a bouts, pulled out in a rough manner. I then went and searched the prisoner, I found a heart rather warm in his waistcoat pocket.

Q. Did the whole appear to be lately killed? - Yes, for it was still warm. I searching his right hand waistcoat pocket, I found this knife with the blood and tallow on it, as it is now. I have taken care of it from that time to this.

Q. Was the blade wet? - It was. In his left hand breeches pocket I found there three keys, one of them is a padlock key, they have been in my possession ever since.

Court. You had seen this man before? did he live in your neighbourhood? - He told me he lived in Chick-lane.

Q. You don't know what way of life he used to be in? - I have seen him driving a cart for Mr. Bartlemy, a farmer at

Issington town, and I had seen him at the public office, at Hatton-garden, for suspicion of stealing.

THOMAS HAWKES sworn.

I am a farmer, I lost a fat weather sheep on Friday; on Saturday I told my shepherd to go and see if he could find where the sheep was killed, and the skin; he brought me word back that he had found the place where the sheep was killed, and the skin, and I went and saw it.

Q. Was any part of the flesh then attached to the skin? - Yes, a great deal.

Q. When did you next happen to see the remaining part? - At the justice's.

Q. Was it what you called butchered in the ordinary way? - It was butchered and slayed exceeding bad, the moment I saw the two bind quarters taken out of the bag, I knew it would lead to a discovery, being in the trade myself some years back; the skin was ruddled across the back and loins, a large quantity of the sat was left on the back part to the skin, where it is on the skin now; when we came to put the two bind quarters in the skin, it exactly tallied; not only that, but the fore part of one of the shoulders he had notjointed property, the other he had; one hind quarter he jointed properly, the other he had not, so that I can swear to them.

Q. Could you perceive by the skin that they were not jointed properly? - I could, by what was left on the skin.

Q. What was not jointed properly? - One shoulder, and one hind quarter.

Q. From the whole of these singular circumstances, had you the least doubt, or have you still, of the part that you saw at the justice's being your property? - I am clearly certain they were the part of that sheep, not only that, but the fore part he cut all the fat off, and left it on the skin; I have had the skin delivered back again from the police office, and it has been in my possession ever since; it was given me by Murphy.

Vaughan. That is the skin I found near my master's fields.

Court to Hawkes. These keys have been exhibited to you? - I saw them at the police office, they appear to me that they will open all the gates about Holloway; one key will open all our locks.

Q. Where was this sheep lost from? - In an open field.

Prisoner. My lord as I have not been enabled to see counsel, I humbly beg you to pardon my thus laying my case before you. I am a waggoner, and coming to town I happened to meet one William Bushel near Highgate, whom I was acquainted with as a sheep drover, and knew him to be esteemed a very honest man, he was bringing some sheep to town and one of them dropped down dead with a disorder called the rutter; he stopped to skin it, and I waited with him, and offered him five shillings for the fat and some of the flesh, which I intended to boil for the dogs that always go with the waggon, which he agreed to, and with my pocket knife I cut off the legs and shoulders, which was fit for nothing else but dogs meat, and put it into the sack I had, and left the rest of the carcase there, and he took the skin with him; I came towards Clerkenwell, where I was taken into custody on a suspicion that it might be fat belonging to a person that produced a sheep skin; and Bushel being at this time gone to bring some sheep from Lincolnshire, I cannot have him to prove the circumstance above mentioned; however I humbly beg leave to submit it to your lordship whether it is probable if the sheep was stolen, I should leave the rest of the sheep behind, much less the skin which is valuable. I wish further to know how the prosecutor can say that it belongs to a sheep of his; to your lordship I appeal

Court. Was Bushel going out of town when you met him? - He was coming into town.

GUILTY . Death . (Aged 45.)

Tried by the first Middlesex Jury before Mr. Justice ROOKE.

Reference Number: t17940115-63

131. WILLIAM PENN was indicted for stealing on the 14th of December , a wooden cask with iron hoops called a pin, value 7s. the goods of William How .

The case was opened by Mr. Knapp.

WILLIAM HOW sworn.

I am a Brewer , I live in Skinner-street, Bishopsgate-street, Bishopsgate-without ; I know the prisoner at the bar, he lived with me as drayman , he was with me two months, and he left me the beginning of last May.

Q. In consequence of any information did you go to Mr. Wheatley's? - My clerk went, he is here.

Q. When did you know any thing of the matter? - Not till Mr. Wheatley's coming down to the brewhouse on Friday night, the 3d of January last.

Q. On Wheatley's coming down to the brewhouse you made some enquiry I presume? - I was not at home.

JOHN MEADOWS sworn.

I am a servant to Mr. How the prosecutor.

Q. Do you remember Mr. Wheatley coming to your master's? - Yes, on the 3d of January about seven o'clock in the evening, in consequence of which I went up to Mr. Wheatley's house, he is a publican, he keeps the Guy Earl of Warwick, in St. John's-street, by Smithfield, when I came there I saw a cask that I could swear it to be Mr. How's property.

Q. What became of the cask? - It is now in court, I brought it here.

Q. Is that the cask you had of Mr. Wheatley? - It is.

Q. Did you go there the next morning to Mr. Wheatley's? - I called on the officers in Worship-street, who had a warrant out to take up the prisoner and informed them that he was to call there the next morning.

Q. Did you go with them the next morning? - I did not, they went by themselves, I knew of the warrant being out.

RICHARD WHEATLEY sworn.

I keep the Guy Earl of Warwick, St. John-street; I know the prisoner at the bar, he had been a servant to Mr. How, I was informed by Mr. How that he had.

Q. Do you remember his coming to your house? - Yes, the third of January between six and seven o'clock in the evening, and called for a pint of beer, and had a cask on his shoulder, and complained of being so tired that he could not go any further that night, which I consented.

Q. What did you consent to? - He asked me to let him leave the cask till the morning; I consented to his leaving the cask, saying that he might come in the morning and carry it away; after the man was gone I had some suspicion that the man had not come honestly by the cask, I went and examined the cask and saw How on the cask; I went down to Mr. How's house, and informed Mr. How's servant, I told Mr. Meadows, and Meadows came the next morning, and when he came

I shewed him the same cask that the prisoner delivered the over night.

Q. What became of that cask? - That cask the next morning Harper and Armstrong came up for it, at the time, that I told Mr. Meadows that the man was to come for the cask, and had a warrant for to take the man; the prisoner came the next morning, and the officers served him with a warrant and took him away.

Q. Then the prisoner was taken into custody by these officers? - Yes, he was.

Q. Did the prisoner say any thing in your presence about it? - No, he did not say any thing, the next morning as soon as he came into the house they served him with the warrant, and the answer they made to the prisoner was, there is the cask that you have brought, and he said nothing on the subject, and he was taken into custody.

Q. You are sure that was the same cask that he brought the over night, and you are sure it had How upon it? - I am sure, the cask is here.

Prosecutor. This cask is my property.

Q. This man had been discharged from your service the beginning of May last? - He had, and he has never been in my service since.

Q. Then you gave him no directions to go to Mr. Low to get a cask of him or any customer whatever? - No, I did not.

Prisoner. I only asked Mr. Wheatley to let me leave the cask till the next morning.

Wheatley. It was so.

Prisoner. I went to Mr. Low's door and asked the young woman if they wanted any beer? she said there is an empty cask in the cellar you may take it away; so with that I took the cask away and carried it to this public house and asked Mr. Wheatley to let me leave the cask there till the morning? he said yes, I told him I would call for it as the morning following, in the morning when I came there there was the officers to stop me from taking it away; when I went to Mr. Low's I never asked for the cask.

GUILTY . (Aged 24.)

Transported for seven years .

Tried by the first Middlesex Jury before

the Lord CHIEF BARON.

Reference Number: t17940115-64

132. JOHN PARSLEY , JAMES WILLIAMS , JOHN BROWN and JOHN BARBER were indicted for stealing, on the 13th of December , two cloth great coats, value 15s. a pair of stays, value 8s. a mussin gown, value 5s. a silk petticoat, value 1s. a silk cloak, value 2s. a cotton bed gown, value 1s. a stuff gown, value 1s. and a silk handkerchief, value 6d. the goods of William Smith .

The witnesses examined separate by the prisoners desire.

WILLIAM SMITH sworn.

I live in James-street, Covent-garden ; on the 13th of December, as I went home, I was told by my wife that she had lost my great coats, a cotton bed gown, and an old black gown, that is all she told me of at that time, but I understood afterwards that there was more gone.

Q. Will you tell me what you found out yourself? - A muslin gown, a pair of stays, a cotton bed-gown, a silk handkerchief, a green silk petticoat; I don't recollect any thing else that was gone; they were my wife's.

Q. What did you do to find them? - I understood on Saturday night there

were four men taken up on suspicion, they were the prisoners; I had given notice on Monday morning at Bow-street, that I would attend when I was called for, I was called upon on Monday morning to attend at Bow-street, where I saw my two great coats.

Q. Who apprehended the prisoners? - Two of the officers in Bow-street, and a man that lives in Denmark-street.

Q. Have you any body to prove that they were about the house at the time? - I believe not.

Q. What time on the 13th of December did you go home? - I suppose about three in the afternoon.

Q. Who apprehended these people? - Croker, Hatch, and Kane, Kane was the first man that saw them, I only saw them at Bow-street.

Q. What day of the week was the 13th of December? - Friday.

-KANE sworn.

I am a bearer, and grave-digger of the parish of St. Giles's, in the Fields. On Thursday, the 13th of December, I saw the four prisoners at the bar about two o'clock; Parsley, Williams, Barber and Brown, I saw them in Lloyd's-court, leading to Denmark-street, I saw at first in company together, Parsley and Williams separate from Barber and Brown, Parsly or Williams, which, I cannot swear to, having a bundle in possession, Parsley and Williams went into the shop of Mr. Bulrance's, I saw as they were going along, a green silk petticoat hanging out of a bundle, I had a suspicion that they were stolen from the fire, there had been a fire that morning; I went to the adjoining public house, and communicated my suspicion; the landlord did not seem very anxious towards helping me to take him.

Q. Will you give me the name of that landlord? - His name is Goby, he keeps the Eight Bells, he was not exceeding well; as I was coming out I met Croker in possession of Barber and Brown on suspicion; I says to Craker I am as glad I have seen you, as if any body had given me five guineas, there are two gone in the shop over the way with a swag, Croker and I immediately went into the shop, and when we went into the shop, we found the prisoners, Parsley and Williams standing on one side of the counter, the things were on the opposite side of the counter, on a little shelf, on the left-hand, the things that were brought in, Croker enquired for the things that these men brought in, and Bulrance said here is the things, I will not lie about it, and delivered them up; says I, if these be the things there is a green silk petticoat among them, and a green silk petticoat was produced on the counter among the articles; we took the prisoners into custody, and brought them to Bow-street, and they were cemmitted for trial.

Q. Did you enquire of them at all how they came by the things? - I never enquired about them, Mr. Croker said he knew them to be thieves.

Mr. Knowlys. I am for Parsley; where do you live? - No. s, Denmark-street.

Q. This green petticoat was the thing that particularly caught your attention? - Yes, and the look of the men together; I knew one of them to be a thief, I knew two of them before.

Q. This green petticoat had particularly caught your attention? - I saw it taken out of the bundle, it caught my attention from the other things.

Q. Of course at Bow-street you mentioned the circumstance of the silk petticoat? - I did, as I have done now.

Q. You gave your information at Bow-street, it was read over to you, and you signed it? - It was so.

Q. There was no omission of this green petticoat in the information? - I particularly told them that.

Q. Then when it was read over to you, you observed that they put down that circumstance? - I did not particulasly observe that they put down that circumstance, I stated it to Mr. Bond, and the other magistrates, when I was before them.

Q. Was it not read over to you? - It was read over to us all.

Q. Did you tell them they had left out the green petticoat? - I did not.

Q. Why did you not? - Because I did not.

Q. You say you observed some swags go? - I said I saw them go in with a swag.

Q. The gentlemen of the Jury would with to know what a swag is? - I believe there are very few gentlemen here on the jury but what know what a swag is; the meaning is, a bundle of clothes that are stolen from any place, they pretty well know the meaning of that, that are thieves.

Q. This word swag, where did you pick it up? - When I was a patrole, in the parish of St. Giles's in the Fields.

Q. That means then a bundle of linen does it? - I have heard thieves say so.

Q. You seem to be pretty much acquainted with thieves? - I have been, and have suffered by them.

Prisoner. That man he said he saw five or six swags go into that man's house, a little while before he saw us go in? - I said I had seen two or three people go in before into Bulrance's, he keeps a kind of an old clothes shop.

WILLIAM BULRANCE sworn.

I keep a clothes shop.

Q. Look at the prisoners at the bar? did you ever see them before? - Not that I can charge my memory

Q. Look at them? - I really cannot swear to the identity of their persons, that I could not.

Q. Then you think you never saw the prisoners before? - I would neither say one thing or the other, as I cannot swear to the identity.

Q. Is Kane the last witness in court? - Yes.

Q. Look at that man, do you know him? - Yes, he has been about five or six weeks in the neighbourhood, he has taken an old house in the neighbourhood.

Q. Have you ever seen him in your house? - No, yes, I recollect seeing him on the day there was a parcel of clothes brought in, a lot of wearing apparel; he came in along with another person of the police, at the time there was a mob in too.

Q. Then you do remember some one day that Kane came into your shop? - Yes, and another of the police.

Q. Was any body in your shop when Kane came in? - I was looking over a little bundle of things.

Q. Pray what might be in that bundle? - There was a petticoat, a gown, but I cannot recollect all the things now, I was put in too much agitation, I must own.

Q. What sort of a gown? - I really could not be positive, but if I was to see the things I believe I should know them.

Q. Was it a muslin gown? - I believe it was.

Q. Was there a bed-gown? - I cannot be positive.

Q. Do you recollect any thing like a pair of stays? - Yes, there was.

Q. Was there a stuff gown? - That I cannot charge my memory with, there was a silk handkerchief, that I can well remember, because I looked at it.

circumstance; I was in the back room, and I saw through the window, between that and the shop, the shadow of a person, and a knock on the counter, saying do you buy clothes; there was one person only, I came out, and the bundle was on the counter, and I went naturally to look at the bundle.

Q. The bundle did not come there of itself? how came the bundle there; must not you look at the person that brought the bundle? - I did not pay any great attention to the person.

Q. How many were there? - There were one person at that moment, but another came in at the moment, at the same time, and asked for a pair of boots, while I was untying the bundle, of course I threw a pair on the counter, for him to look at, which I had just purchased; while I was looking over the bundle there came in a person to ask for one thing or another; nevertheless as I could do but one thing at a time, I was looking over the bundle, to ascertain the value, as I had just done that, there came in I fancy two police officers, for there were a number of people came in all at once, and took the man that had the boots, I can remember that, because there were a pair of boots in his hand.

Q. Did they take any body else? - I believe they might, but then there was such a mob in the place.

Q. What do you think of the man that brought the bundle, did they happen to take him? - I am almost at a loss there, because I cannot swear to the identity of the person.

Q. You saw the man that brought the bundle, because he came first? - The plainest recollection that I can have of the man, is that he was in a scarlet waistcoat; I am sure if I was on oath I could not swear to his person.

Q. You mean to say that on your oath you don't know they took the man that had the bundle? - Not theidentical man.

Q. I put a plain and simple question, and I will have a plain and simple answer; do you mean to swear that you don't know that they took the man that brought the bundle? - I could swear that I don't know the identity of the person.

Q. I ask you whether you don't know that they took the man that brought the bundle? I will have an answer, or I will commit you to Newgate. - I should imagine they must indeed.

Q. Will you swear that you don't know that they took the man that had the bundle, let the man be who he will? - If I did but comprehend rightly how that is.

Q. Will you say that you don't know that they took the man that brought the bundle? - I would not swear that they did not take the man.

Q. Will you swear that you don't know that they did take him? I will have an answer. - I wish to give you an answer; I could swear that I don't know that they took the man, I only want to comprehend.

Q. Do you mean to swear that you don't know that they took the man that brought the bundle? I can swear this, that I am not sure that they took the man that brought the bundle.

Q. You say you are not sure they took the man that brought the bundle? Do you believe they took the man that brought the bundle? - I might there to be sure, say, that they might take the man that brought the bundle.

Q. Do you believe they took the man that brought the bundle? - Yes, I do believe it.

Q. Then why do you believe it? - I cannot come home positively to that.

Q. But why do you believe it? - Because they took some men away, therefore I should suppose, but if I knew.

Q. Are you not sure that they took the man that brought the bundle? - I be

Q. Have you a doubt about it? - Shall I mention one circumstance more.

Q. No, I ask you if you have a doubt about it? - I believe.

Q. Have you a doubt about it? - I will give you an answer to the best of my knowledge.

Q. Have you a doubt about it, say yes, or no? - No.

Q. Now sir, what did you mean by saying just now that you was not sure, and now you tell me that you have not a doubt about it? did you ever see the man that brought the bundle, or the man that came in after him before? - I would with you to put that question again.

Q. Did you ever see the man that brought the bundle before? - Certainly not, or else I should have recollected him, I think I should be sure of it.

Q. Now sir, you say a man came in and asked about the boots? had you ever seen him before? - No, I recollect to the best of my memory, you may depend on that.

Q. Are you sure that you never saw the man that enquired about the boots? - No, I never saw him before.

Q. Then of course you must have looked at him; now look at them, and tell me whether either of them are the men? There is not a man there that I can swear to the identity of his person.

Q. Then you don't believe, on your oath, that either of these men were in your shop on that day? - I am sure I could not know them again.

Q. Then you don't believe that either of these men were in your shop on that day? - I more believe on their being taken; I cannot recollect them at all in the shop.

Q. Then you do not know that you saw them in your shop that day? - I cannot recollect in the least.

Q. Try if you cannot recollect which of them were taken away with the bundle? - I am at a loss every way, for I do not recollect the identity of one person whatever. While I was looking over the bundle, naturally asking one thing or another about them, my attention was more to the things I was looking over, than to the persons which were in the shop.

Q. Was this all that passed? Do you make a rule of not observing people that come to your house? - Yes, I observe them when I deal, when I ask the price, we wish first to know the price they ask; frequently when I have looked at bundles that come, I have not misded the people who brought them till I have looked at the bundles, and then I ask the price, and then I naturally look at them.

Q. Now, sir, why do you say that was all the passed? In what respect, my lord.

Q. You know it is not all that passed, therefore tell me what passed? I am sure I cannot in the least recollect.

Q. Did you see a man of the name of Croker? Did not he say any thing? I remember Croker being there, because I have seen him over and over.

Q. What did Croker say? Croker asked me what bundle had been brought in? I had them on the counter examining; I said here is the bundle that was brought in to be disposed of.

Q. Was that all you said? I said, I will tell no lie about them, I have no meaning of prevarication as I know of, I assure you; I have not the least doubt but the officers will give me a bad character; but wherein is the ground of it?

Q. Will you tell us that you know respecting the prisoners at the bar, to have happened on the 13th of December last? - On the 13th of December last I was going towards Tottenham-court-road, me and Mr. Hatch, a constable, belonging to Pancras, near St. Giles's church; I saw Barber and Brown, the two lads, standing near the church, near Denmark-street? I says to the officer that was with me, there is a couple of young prigs, I immediately went with him towards them and desired that he would not let them run away, as I meant to search them; I accordingly came up to them, and they had some money in their hands, some silver; I enquired of them whether they were sharing the money or not, with that we took them into custody, Hatch one and me she other, and steared towards a public house; I walked about three or four or five yards, immediately comes Kane up, one of the evidences that you have heard before; and he says to me, Mr. Croker, I am very glad to see you; says he there are four of them, and two have gone into that house; with that I left the prisoners, Barber and Brown, in charge of Hatch, while I went to the shop where Kane had told me; the others had gone with a swag to Bulrance's shop, where I understood the other two were; I went to the shop, I immediately saw Williams and Parsley in the shop; I immediately demanded the bundle of the man of the shop.

Q. Did you see any body belonging to the house? I saw Bulrance the man belonging to the shop behind the counter.

Q. What was he doing? He was the opposite side of the counter, but nothing was on the counter, he was at the window, I took and handkerchief immediately out of my pocket to secure them, and at the same time I demanded the bundle that they had brought in, the bundle was untied.

Q. Where did it lay? - It laid on the opposite side of the counter on a window I believe, some where on the window, it was not on the counter till he gave it to me; the prisoner Williams told me that they had no bundle; and Parsley told me that he was buying the boots.

Q. Pray at this time when you first went in, was there any body in the shop besides these two men? - I think there was a woman in the shop.

Q. There were no men, no strangers in the shop? - Only what came in with me, there was nobody in the shop but customers, except the two prisoners.

Q. What was the least time that you knew of there being in before you went in? - It could not be three minutes.

Q. Now was Bulrance near the prisoners? - It did not appear to me they were talking to him; he said at last I must tell the truth, and he handed them over to me on the counter loose saying, here they are.

Bulrance. You saw me looking at the very things.

Croker. I then searched them and took possession of the other two, and took them all over to Mr. Bond.

Q. How long might you be in the shop before you took them away? - I believe I might be there for three, or four, or five minutes; I searched them in the shop, I tied their hands in the shop.

Q. Then you searched there, did Mr. Bulrance go away or did he stay while you searched him? - He staid in the shop all the time, and I left him there.

Q. Pray had Bulrance an opportunity of seeing the prisoners faces that were in the shop? - As well as I have of your's.

Q. Because I understand from him that he hardly saw them? - I took him before Mr. Bond soon after, and he want

ed to persuade Mr. Bond the same; Bulrance was with us at six o'clock when he saw the prisoners again, he hesitated a great deal, Mr. Bond had a vast deal of trouble with him; likewise the grand Jury had a great deal of trouble with him.

Q. You have no doubt, I understand from you, that he saw him most clearly all the time, and you was in the shop four, five or six minutes? - I am sure that he must have seen him as well as me, and must have known him, I was there long enough for him to have taken more notice a great deal, when I detected him in such a matter as that.

Q. Did Bulrance and these people appear to be strangers? - I cannot say whether they were talking together or not, the young men were on the opposite side, I came in in a great hurry, and the old man stood looking at me, I believe he was terrified.

Mr. Knowlys. When you came in Parsley told you that he was buying a pair of boots? - He did.

Q. Then you found him looking at a pair of boots? - I did, I charged him with the bundle and he said I am buying a pair of boots, and he had the boots in his hand; Williams said, when I taxed him with the bundle, we have no bundle; I spoke to Williams as knowing of him the best, and Williams said there was no bundle.

Q. You then addressed yourself to Parsley and they both denied the bundle, and then Bulrance said I must tell the truth, here is the bundle; on your oath, do you mean to say, that when you first went in, Parsley said any thing about the bundle? - I taxed him with it, and particularly mentioned the green petticoat.

Q. The first account you gave was this, you asked Williams where the bundle was, and he said there was no bundle? - I spoke in general to the prisoners and the man. They both denied it, and Parsley said that he was buying a pair of boots.

Q. Which you found to be true so far as appearances went? - Just so.

Prisoner Brown. Did you find any thing on me? did you see me searched? - Yes, but I cannot tell immediately what Hatch found on him.

ROBERT HATCH sworn.

I apprehended the two first prisoners Brown and Barber with Croker.

Q. You did not see the other prisoners? - I did not take them. Croker and I took the other two to the public house near the church, and he left them with me while he went over to this Bulrance's, while he went in and took the other two into custody. I searched them all and found nothing material on any of them.

Q. You had no conversation with Brown or Barber about it? - None at all. I have got an handkerchief that I found in Bulrance's house belonging to Mrs. Smith.

Bulrance. I know this handkerchief to my opinion, and I will tell you how, when all the people were gone, a woman comes in at the door and says, there is an handkerchief down from the counter on the ground, I goes to look and took it up, and Mr. Hatch came back from the office, and said, there is an handkerchief wanting, then says I, there is an handkerchief that the woman picked up.

Q. Who brought that handkerchief? - I don't know, I never saw it till I saw it on the ground.

Q. Will you swear that you never saw that handkerchief till you saw it on the ground? - I will, so help me God.

Q. Now you are positive, I wish you would be so plain as to tell all the rest.

Q. You have heard what Mr. Croker has said, now then I ask you, for I kept

you for that and other reasons, whether you have any doubt that some or one of the prisoners was not in your shop at that day? - I could not swear positively, not to the identity of their persons, and that is the only thing that stops me.

ELIZABETH SMITH sworn.

I am the wife of the prosecutor, I live in James-street, Covent Garden.

Q. How far is that from St. Giles's where the Church is, to Denmark-street? - I really cannot tell you, I am a stranger to that part. These are my stays, I know them by this tucker being on them. I know also the bed gown and black Cloak.

Q. How and when was it you lost them? - I lost them on the 13th of December, between one and two; I had seen them a quarter of an hour before I lost them.

Q. Where were they? - In two back parlours, my things all lay on the bed.

Q. What do you mean by your things? - My own wearing apparel, my stays laid on a chair at the head of the bed; the other things were in the next parlour.

Q. Had you left the room so that any body could come in and take the things, without any body seeing them? - I went down stairs and shut the door that goes into the two parlours.

Q. How could any body get into the parlour from the street? - The street door is all the day open, and there is a hatch, and from that hatch the parlour door may be seen; the parlour door is a little distance from the hatch; I went down stairs, and when I came up I missed my things, I was not down above five minutes.

Q. Could any body see you go out of the parlour in the street? - Yes, they might if they were looking through the hatch.

Q. How was it that you found out it was done by the prisoners? - We did not know any thing of it till the next Saturday night, this happened on Friday, on the next day, Saturday afternoon I was took dangerously ill, and kept my bed some time.

Q. In the course of that morning did you happen to see any of the prisoners at the bar about your house? - I cannot say that I did.

Q. Did you ever see them before? - No, I cannot recollect.

Court to Croker. How far is this lady's house from where you saw the prisoners? - About a quarter of a mile.

Prisoner Parsley. I leave it to my counsel.

Prisoner Williams. I was coming down Denmark-street, and I saw a clothes shop, Bulrance's shop, I went into it, and asked him for a pair of boots, and he said he believed that he had a pair that would suit me; as soon as I got in, about a couple of minutes, these people came in, and Mr. Croker laid hold of me, and they asked me if I had brought any things in? I said I never brought any in; as to the things that Mr. Croker brought to my charge, I never saw any thing of them before in my life.

Prisoner Brown. The morning that this happened I got up, and I went down to see my mother, she lives with my uncle; I went down to work, and my mother was taken very bad; I went to my sister in Shoreditch, and told her of it; and coming back from my sister's I met this John Barber , knowing him about six years ago, I went to school with him, I stopped him at St. Giles's Church, I had not stopped with him there five minutes before a man they call Mr. Croker, and Mr. Hatch came up and took me over to the public house, and when I was set down they came and brought the two men in, and those clothes; the men nor the property I never saw with my eyes before; but John Barber I know by going to school with him.

Prisoner Barber. I had a job to do at Mr. Willett's, in Smithfield, and I had been home to dinner at my father's, he lives in the parish of St. Ann's; he has lived there for this five years. I was coming from dinner to return to work again, and I met Barber, and had hardly spoke to him two words, before Mr. Croker and Hatch took us to a public house to search us, and they brought over two others, and laid a charge of a robbery to us that I am innocent of. I don't know whether my friends are present now, I know they have been present all day.

John Parsley, GUILTY . (Aged 26.)

James Williams, GUILTY . (Aged 19.)

Transported for seven years .

John Brown, NOT GUILTY .

John Barber , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice GROSE.

Reference Number: t17940115-65

134. JAMES GAGE was indicted for stealing, on the 7th of January , a truss of hay, value 2s. the goods of Richard Clarke .

RICHARD CLARKE sworn.

On Tuesday about six o'clock, the 7th of January I left my house, to go into the City, I did not return till near eight o'clock in the evening.

Q. Where do you live? - In Whitechapel . When I got home I was informed that a man had taken a truss of hay from the door, one of the two trusses that I left at the door, at the trunk of the shop window; it was brought home when I came back; the witness that is here brought it to me, Richard Fishlock .

Q. Did you see your hay? - Yes, there was my hay brought back again.

Q. Where was it in your shop? - Outside.

Prisoner. I took it away from the door, and carried it about twenty yards, and was brought back again.

RICHARD FISHLOCK sworn.

I am a servant to Mr. Butler, a publican, the lad that lives there informed me that a truss of hay was taken away from Mr. Clarke's door; with that I made after the man, and took the man with a truss of hay on his back.

Q. How far did you take him from the house of Mr. Clarke? - The value of three hundred yards.

Q. How far might he be from Mr. Clarke's house when you first see him? - About forty yards, he was walking quite fast from the house, the same side of the way.

Q. Did you stop him? - I stopped him with the truss of hay on his back.

Q. What did you do with him? - I brought him back to Mr. Clarke's house, the hay was brought back with him, we laid it down at the door with the other truss.

Q. Is not the man here that gave you the information about it? - No.

Court to Clarke. Did Fishlock shew you the hay which the prisoner took? - He did.

Q. Did he point out the particular truss that the prisoner took? - I do not recollect, he said one of these trusses.

Q. You did not see the prisoner take the truss away? - I knew nothing about it for near two hours.

134. WILLIAM AMOS was indicted for stealing, on the 28th of December , fourteen pounds weight of beef, value 6s. the goods of Jonathan Miles , Esq. (The case opened by Mr. Knapp.)

JONATHAN MILES sworn.

I am the keeper of a house for the reception of lunaticks , at Hoxton , I know nothing of this, more than what my servant has told me.

SARAH JARVIS sworn.

I am a servant to Mr. Miles, I know the prisoner at the bar, he was a butcher , at my master's, in the house.

Q. Tell us what you observed on the 28th of December last? - The butcher, William Amos desired me not to serve dinner without he was present, so I went to look for him, and they told me he was gone up the alley.

Q. Where is this alley? - Nigh the slaughter house, I saw him at a distance in it, and called to him and he made me no answer, and I called to him again, and I saw a man running down to meet the prisoner, and the prisoner opened his coat this way, and gave out a large piece of beef to this man, and I ran after him to see which way he went, and he went past master's door, he ran with this beef, and when I came to the prisoner, I asked the prisoner whether he was not ashamed of what he had done? he said he had done nothing to be ashamed of; and I went home, and told what I had seen to the baker.

Not GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-67

135. REBECCA PALMER was indicted for stealing, on the 21st of December , forty-eight pounds weight of beef, value 15s. the goods of William Lindus .

WILLIAM LINDUS sworn.

I am a butcher , I was robbed the 21st of December, I was not in the way myself, when I was robbed.

JOHN SLADE sworn.

I am a butcher, I live with William Lindus. About a quarter after six Saturday morning, I went into the shop to reach down a rump and surloin of beef, and when I came out I instantly missed a buttock of beef.

Q. Where is your shop? - In Whitechapel, High-street, as soon as I came out again I missed the buttock and avtch bone of beef off from the stall, and I ran after the prisoner and see her drop it herself, she was walking away as soon as she dropped it, and I went up to her and secured her and brought her up to the shop, and picked up the meat, I could swear to it by the appearance, to be my master's property. I have no doubt about it at all.

Q. Did the woman say any thing? - She said nothing at all.

Q. Do you think you should have known that piece of beef if you had seen it ten miles off? - Yes, I should have known it any where.

Q. To Lindus. When you came home what did you know about it? - I was not come down stairs, I heard a noise while I was dressing; when I came down the man had got the woman, and I sent for an officer, and she was taken to the office in Lambeth-street, the beef was produced there; the man said that he went in doors, and came out, and saw this beef was gone, and he went down the alley to her to the slaughter house door, and there he saw the woman standing, and he went and took her.

Prisoner. I was coming along between six and seven in the morning, my business is, that I deal at Billingsgate, I saw a little man coming along, I saw him take the piece of beef off the stall, and he ran down the alley, and he throwed it down, and as I was coming along the young fellow that was there he said it was me, the man seeing of that, he took to his heels and ran away; the young fellow took me and called his master down, and his master came down with his stockings about his heels, and his clothes all lose.

Court to Slade. Did you see a man running? - There was a man in the alley, coming up with a pipe in his mouth, he was walking along with another man, there were two of them.

Prisoner I never meddled with the beef; I have not any witnesses in London; my husband is in India.

GUILTY . (Aged 28.)

Imprisoned three months in the House of Correction , and fined 1s.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-68

136. THOMAS FINCH was indicted for stealing, on the 13th of December , an iron anchor with an iron stock, value 10s. and an iron chain, value 10s. the goods of George Score ; and

THOMAS CLUER was indicted for feloniously receiving, on the 16th of December , the same goods, knowing them to have been stolen .

The case opened by Mr. Knowlys.

(The witnesses examined separate.)

GEORGE SCORE sworn.

I live in Bromley-place, near Chelsea , I am the owner of six barges . On the 13th of December last I lost an anchor and chain, from a large working barge, that was moored off Chelsea Church; I had seen it the day before, on the 12th, I never saw it again till I saw it at the police office, at Shadwell, which was Wednesday the 21st.

Mr. Knapp. Mr. Score, you say you have several barges, I take it for granted these barges get a drift sometimes? - To my misfortune they do, I have lost three anchors and chains before.

Q. Perhaps this barge got a drift? - It did not; the tide was ebbing, and would have come up to it in about an hour if it had been fastened; my servant got up and fastened it by the working chain.

Q. Anchors are pretty common by the side of the river, about Chelsea and Shadwell? - I suppose so, most that have crafts have anchors with them.

Q. I believe, Mr. Score, Cluer was taken before the magistrate, and had been discharged? - He was taken the 16th and discharged; I knew nothing of the business till the Saturday following. On the 16th the search warrant was taken out of the police office, and he was taken, and I believe he was then discharged.

JOHN LESTER sworn.

I saw this anchor and chain on Friday morning, between one and two o'clock.

Q. How long before you attended the justice? - On Saturday week after I went to the justice. On Friday morning between one and two o'clock, I went to the anchor and chain and made it fast about the post at the Church corner at Chelsea, and I locked the other end into the barge, on the beetson of the barge; after that I put the key into my pocket, I went home to bed, I thought the barge would be fast, and between five and six one of our servants came and told me to get up and make the barge fast, or else it would be asloat, and that the anchor and chain was gone; they told me the barge would be a drift if I did not make it fast again;

Q. Could the barge have got a drift from between one and two in the morning, to between five and six? - No, she was a ground; if I had stayed longer the flood would have come up and carried her off, and she would have been lost as the other barges were.

Q. When did you find this anchor and chain again? - We found it on Saturday when I attended at the justice's office, at Shadwell.

Q. You say this barge could not have been deprived of the anchor and chain by accident; it must be taken by somebody? - It must.

Q. Where is this anchor and chain now? - It is here.

Q. Do you know the prisoner Finch at all? - Yes, he lives in Chelsea.

Q. How far from the place where this barge was moored? - Very nigh a mile; he is a fisherman.

Q. Was you before the magistrate when he was there? - Yes.

Q. Did you hear him say any thing about this anchor and chain, and how he came by it? - I never heard him say any thing till he came to the justice's, he then said that he picked it up.

SAMUEL ARNOLD sworn.

I keep the Crown public house in St. Ann's, Limehouse.

Q. Do you know the prisoner Finch? - I know him by sight.

Q. Do you know any thing of this business about the anchor and chain? - On the 16th of December last, on Monday, Finch came into my house, between seven and eight in the morning, and asked me if I would give him credit for a penny worth of purl? he said he had been a fishing at Limehouse, and found an anchor and chain, he had caught a chain in Limehouse hole, in hauling up part of his net he hauled up one part of the chain and that he had left his partner with the net to see if he could clear it; and could I tell him where he could sell it? I told him I could not tell him where he could sell it; and that past on, and in some little time afterwards he went out of my house.

Q. Did you see the anchor and chain at that time? - No. I went out of the back yard and followed him, and I looked over my wall, and saw the anchor in his boat; my house joins to the river.

Q. Did you trust him with any liquor? - Not at that time, only his pennyworth of purl. He asked me then what had become of all the rope shops that were about this place?

Q. Was he able to see you in the back lane? - He was. I told him there was a rope shop next door, that was Thomas Cluer's, the prisoner at the bar; with that he took the anchor and stock and carried it up into Mr. Cluer's warehouse that joins to the house, it is at the back part, covered in, and then went down and brought the chain up out of the boat.

Q. Did you see the chain? - I did.

Q. Was the chain a light one, or how? - I was not nigh enough to know the weight of it.

Q. Did any thing happen to Finch as he was going in to the premises? - He got up four or five steps and fell down with the chain into the mud.

Q. Did you see Cluer at all at that time? - I did not.

Q. When you left your yard and went into the house, was Finch returned to his boat, or was he in Cluer's premises? - He was in Cluer's premises; I lost sight of him there.

Q. When did you see him again? - I saw no more of him till he came in and asked for change for a guinea; this might be in about five or ten minutes.

Q. Did you give him change then? - My father did afterwards. He said he was to have fourteen shillings out of the guinea, as the price of the anchor and chain.

Q. Do you know where he went with the change? - I do not.

Court. He only paid a penny in your house? - He only asked for the credit of a pennyworth of purl, and after he came in with the guinea he had a pot of brandy hot. I don't know exactly how much he spent in the house, my father took the money; he came back and said that he had had a dispute about the seven shillings, and had got another shilling; he said there had been a mistake in the weight, and Cluer gave him another shilling.

Mr. Knapp. You said you did not know Finch before? - I had seen him before.

Q. He came to you between seven and eight in the morning, was it day light then? - It was.

Q. What sort of a morning was it? - It was a darkish morning, and wet.

Q. People were up? - Yes, I was up.

Q. He said he had been a fishing, and his net caught hold of an anchor and chain in the river? - He said it had caught hold.

Q. And he afterwards brought up an anchor and chain to you? - Not to me.

Q. Had he not got it when he asked you where he could get rid of it? - No, it was in the boat.

Court. It was in the boat when he said that his partner was getting it out of the net? - It was.

Mr. Knapp. You told him that your next door neighbour would buy it? - I did not; I told him there was a rope shop next door.

Q. You never saw Cluer at all? - No.

Q. You have seen many anchors and chains before? - Yes.

Q. You only saw it from your wall in the boat? - Yes.

Q. All that you know is, that was an anchor and chain? - Yes.

Q. I believe you attended before the magistrate? - I did.

Q. When was it you first attended? - It was on the Saturday following as this was on the Monday.

Q. You did not attend before the magistrate when Cluer was discharged? - I was not there.

JOHN RILEY sworn.

I am a constable belonging to the police office, Shadwell.

Q. Do you know either of the two prisoners at the bar? - I know Cluer.

Q. In consequence of some information you went with a search warrant to the house of Cluer? - I searched his house, and in the back yard I found the anchor and chain; his house is in Narrow-street, Limehouse.

Q. Was the anchor and chain the object of your information? - It was.

Q. Was it in the yard? - It was adjoining to the water side; the yard does not come towards the street adjoining to the water side.

Q. Was Cluer at home when you found this? - He was.

Q. When you found it did he say any thing? - He said a fisherman had left it; consequently I brought the anchor and chain away, and Cluer was taken before the magistrate.

Court. When you say that he said that a fisherman left it there, did you mean to bind yourself to those words? - Them are the words he told me. This was on a Monday, the 16th; he was discharged then for to bring a person forwards who left it there; afterwards we found he did not bring the person forwards, and then he was apprehended on the Saturday

following; he was first apprehended on Monday the 16th; on Saturday after that Monday he was apprehended again.

Q. On the 16th did Mr. Score, or any of the witnesses attend against him? - I believe Mr. Score and Mr. Lester did attend, I was not present.

Q. On Saturday they were both committed? - No, I believe Finch was not taken till the Sunday. I believe they were both committed on Monday.

Q. Do you know who apprehended Finch? - The constable of Chelsea, and the police officer belonging to Shadwell, Thomas Aberley .

Q. How far is Cluer's house from Chelsea Church? - I suppose it is about five miles.

Q. Who has the chain? - It is in the Sheriffs porter's room, and likewise the anchor and stock.

(Produced.)

Mr. Knapp. You went to Cluer's house we understand, in his yard next to the river, there you found an anchor and chain, was it concealed at all? - It was not, it was laying open in the yard; he said that a fisherman had left it there, and there it was.

Q. You took him to the magistrate, and Mr. Lester and the prosecutor for what you know did attend? - Yes.

Q. Notwithstanding which the prisoner was discharged? - They did not attend then, but afterwards the things were advertised.

Q. However Cluer was before the magistrate, and the magistrate discharged him? - On condition of his procuring the person that he had it of; that was Monday the 10th.

Q. On Saturday following he was taken the second time, was he found at his house the second time? - He was.

Q. Then he had not run away, there they found him? - There were two of our people took him.

Mr. Knowlys to Riley. Is that the anchor and chain you found on Cluer's premises? - It is the same.

Q. To Arnold. I don't know whether you took particular notice of the anchor and chain that was in his boat to swear to it? - I cannot.

Q. Is that of a similar kind, is it like it? - It is.

Mr. Knapp. You told my friend that this is similar to anchors you had seen before? - Yes.

Q. I believe it is like every other anchor of the same sort of craft? - It is.

THOMAS ABERLEY sworn.

I am a constable belonging to the police office, Shadwell. I went to take Cluer up the second time, I knocked at the door; as soon as his wife saw me, she smacked the door to again; I then sent the other man that was with me, Colebroke, to the back door, that he should no get out by the water; I then left another person, as soon as I possibly could, at the front, and went round to him to the back door; his wife would not open the door, and we broke one of the pannels out between the house and the warehouse, and accordingly we got in.

Q. Could not you get in without breaking? - We could not; we broke in between the warehouse and the house, and got in, and went up stairs, and I went out on the lead that is over the house, and from there I got into an adjoining yard, I then went down there into the yard, and there I found Mr. Cluer concealed in a necessary, in the adjoining yard to his own house. Mr. Cluer said to me, you cannot blame me for striving to get away, for I knew what you was came upon, I knew you was come about the anchor and chain. Then I apprehended him, and brought him to the office; and the next day, in company with an officer of Chelsea, I went and

apprehended Finch, the other prisoner. Finch said that he never sold Cluer any thing before in his life.

Q. To Score. Look at the anchor and chain, and tell whether you know it is your's? - My servant can tell.

Lester. I have been looking at it, it is my master's, there are two rivetts through each flute; I am certain they are my master's property.

Q. What is the worth of them altogether? - I cannot tell.

Q. Do they weigh a couple of hundred weight? - They weigh more than that.

Q. Do you think you could haul them up with a fishing net, that is used in the Thames? - I am not used to fishing nets.

Q. Whereabouts is the value of the chain altogether? - Between three and four pounds.

Mr. Knapp. You say you know this anchor by the two rivetts? - Yes.

Q. Have you been used to anchors much? - I have.

Q. Did you never see an anchor in your life rivetted? - Only this one.

Q. That is all the mark by which you know it? - There are two twists in the anchor besides.

Court to Arnold. You say that he carried the anchor to Cluer's washhouse; did you see him do that? - I did not see him put it there, I see him go into the back gate with it.

Prisoner Finch. The 16th of last month I was going a fishing off from Limehouse Hole; going a fishing about a quarter of an hour, I catched a fastening under the water, at last it weighed with me, and I found it was this anchor; after I catched, this anchor, I rowed to the nearest public house to leave it, and the man directed me to this man's house; I said I had picked up an anchor and chain, and if any person owned it I should be very glad for the owner to have it; I said I did not want to sell it? I meant to leave it till the next morning, when I would advertize it, then at half past nine I went to the Trinity officers, and asked them if they had heard any body had lost an anchor? they said no; afterwards I went into a shop, a seed shop, nigh Mr. Cluer's, and I was talking about advertizing the anchor and chain; says he, you cannot advertize it, for you have sold it to Mr. Cluer for fifteen shillings; says I, I have not sold it, says he, you have, and I will do Mr. Cluer over, he shall not live in Limehouse, under my roof. We osten have occasion to weigh an anchor for government, we can weigh an anchor of a thousand pounds weight, with a net. I have served his Majesty till lately; I have served under Admiral Hood, in the American war.

Prisoner Cluer. I leave my defence to my counsel; I never was brought under any charge in my life before.

JOHN BRIDE sworn.

I am a waterman, and constable of the parish, where Cluer lives, I have known him twelve years, he is a waterman, a very honest industrious man, as ever I knew, he had two vessels.

Mr. Knowlys. Where do you live? - At Limehouse.

Q. How near to Mr. Cluer's? - within two hundred yards.

Q. And you have known him intimately twelve years? In this twelve years how many times have you known him to be before a magistrate for felony? - Never for felony.

Q. Don't you know that he was before a magistrate not two months ago? - I don't recollect, I never heard in my life that he was taken up for felony, he was taken up for an assault.

Q. What do you say about some sugar that he was taken up for? - I know

there was something that he lost his licence for at Wapping, but what I don't know.

THOMAS BURTON sworn.

I am a peruke-maker; I have known the prisoner twelve or fourteen years; I was going past on my own business, on the 16th of December, and I saw his shop door open, and I saw Mr. Riley in Cluer's house; and I said what is the matter? says he to me, these gentlemen say, they have got a search warrant, for King's stores, meaning Riley, West, and Forrester, who were together; he then said that there was a man brought an anchor in the morning, by the recommendation of Mr. Arnold. He was taken up to the magistrate, and the magistrate acquitted him, I was present over the way while he went in to be examined, and he came back discharged; Mr. Cluer said to me will you be so good as to go along with me to Chelsea, and to find out the man that has left this anchor and chain; I knew Cluer was taken up on Saturday night, and I went there, and his wife said lork, I wish the man could be found out; I told her I would try to find him; on Monday morning I went up to the office, to procure a warrant if I should find him, and I found the man had been taken the Sunday night. I look on him to be as honest industrious man as ever was in the parish, he has lived in the parish, apprentice and master fourteen years or more.

Mr. Knowlys. How often have you attended for him before a magistrate? - I never attended before this time.

Q. You have not seen him perhaps before a magistrate? how often have you heard that he was taken before a magistrate? - They took some sugar from him. but I never heard that he was taken before a magistrate.

Q. Have you been on an intimate footing with him? - I have not, only intimate as a friend, no further; he told me he had the misfortune to be before the justice for some sugar, and the owner appeared, and the prisoner had it back again.

Q. How often has he told you he has been before a justice? - He has not told me, I was up there at this time with him.

Q. When did your friend tell you before, that he was taken before a magistrate? - He never told me. I have been before a magistrate, and I never told him.

Q. Do you mean to say that he never told you that he was before a magistrate? - I don't recollect.

Q. Can you swear he never has? - I will not.

Q. Where do you live? - In Narrow-street, Limehouse, I believe it is No.27.

THOMAS WEBSTER sworn.

I am a cheesemonger at Limehouse, I know the prisoner Cluer very well; I have known him this ten years; I never knew but what he was very honest, I always saw him very industrious.

Mr. Knowlys. Have you been intimate with him? - Yes.

Q. Do you know how often the officers of the police have been with him on charges? - No.

Q. Have you ever known the police officers coming to search his house? - No, not to my knowledge.

Q. How often has he told you that they have been there? - Never in my life.

Q. Have you never heard from him, that he was before a magistrate? - Never in my life.

Q. Perhaps you never had much conversation with him, you only live near him? - I never have.

Mr. Knapp. Then he never told you that he was before a magistrate? - I have heard that he was before a magistrate about some sugars.

RICHARD BRADSHAW sworn.

I am a lighterman, I live in Fore-street, Limehouse; I know Cluer seventeen or eighteen years, we were fellow apprentices together; he is a very industrious man, his business is a waterman or lighterman; as to his honesty if he was cleared to morrow, I would trust him with an hundred pounds or two; I believe his character what has been mentioned, is more from prejudice than facts.

Mr. Knowlys. Don't you know of his having been before a magistrate? - He has been before a magistrate for little acts of sinuggling, that are no ways justistable; he has a great family, and takes great care of them; and if I believed him guilty of this present charge, I should be the last man to speak in his favour, for no one suffers more from thieves than I myself.

WILLIAM STEWARD sworn.

I am a boat-builder, I live in Queen-street, Ratcliff-Cross; I have worked for him there eight or nine years, and if he wanted credit for forty pounds to morrow I would give it him. As I was coming over the barges, I met young Mr. Arnold on the barge, it was the very day after Mr. Cluer was taken up and confined; I said to him Mr. Sam, what have you done with Mr. Cluer? why says he, what have I done, I have sent him double ironed to Newgate, and he would not have been sent there except it had been for me,and now he is there I mean to keep him there.

JOHN DICKENSON sworn.

I am a joiner and cabinet-maker at Limehouse, I have known Cluer ten or twelve years, I never heard but what he was a very honest and industrious man, I never heard any otherwise, he always paid me honestly.

Mr. Knowlys. Did not you hear that he was taken up before a magistrate? - It was proved that he was honest, for the goods were returned to him back again.

THOMAS WHEATLEY sworn.

I am a publican at Limehouse, I have known Cluer upwards of ten years, I always knew him to be a hard working industrious man, he has had dealings with me for these six years, I have lent him some sums of money, and he always paid me very honilly.

THOMAS ELTHAM sworn.

I am a flax dresser at Old Limehouse; I have known Cluer upwards of seven years, I have every reason to believe that he is a very honest man. I have got very great occasion to send goods on board a ship, and I have trusted them to his care, and he always proved quite honest.

SAMUEL WRIGHT sworn.

I am a lighterman at Shadwell, I have known Cluer about nine years, he always bore an honest character ever since I knew him, and brings his family up well.

JAMES RENKINS sworn.

I am the master of the workhouse at Limehouse, I know Cluer very well, for sixteen years, he bears a very good honest character, I never heard any thing amiss.

JOHN HOLLOWAY sworn.

I am a publican at Rotherhithe, I have known Cluer for six years, always

a very hard working industrious young fellow; I always understood that he maintained his family in a very good manner by industry.

Bradshaw. To my certain knowledge a net will bring an anchor up to the surface of the river, of eleven or twelve hundred weight.

Thomas Finch , GUILTY . (Aged 36.)

Imprisoned in Newgate for three months and fined 1s.

Thomas Cluer , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-69

137. WILLIAM HAWKINS was indicted for feloniously making an assault on the first of January , on William Bacon , and in a forcible and violent manner unlawfully, maliciously, and feloniously did demand his money with intent to rob him .

WILLIAM BACON sworn.

Q. Did you see the prisoner at the bar the first of January? - Yes.

Q. Are you very sure as to his person? I have not the least doubt.

Q. Where did you see him? - Just at this side of Stanmore, by Cannon Wall, as near as I can estimate the road, the midway of the road that comes from Edgeware. The first time I saw him might be about ten minutes before five o'clock; I was in a poll chase and four; I had been down into Hertfordshire in a coach and four to attend a funeral. I was on the right hand side of the coach. I saw the prisoner on horse back, and as he passed the window on the off side of the coach a gentleman that was with me immediately said there is an highwayman. No, says I, it cannot be an highwayman, his horse is too conspicuous a figure, being a pyed ball horse; we will rode and presently some little altercation took place between the postilion and him. I concluded that one of our leaders was rusty, and I concluded that the postilion by some means or other had run against the gentleman that was passing, therefore I got up and looked out at the carriage window, and I asked the prisoner, Sir, what is the matter, what do you want? my head was out of the window, and my shoulders as far as I could reach; he left the postilion and immediately came up and pulled out a pistol, and presented it right before me, gentlemen, says he, your money immediately, I am a distressed man, and if the carriage stirs another foot, I will fire into the carriage, by the Holy Ghost, with that there was one or two of the gentlemen got out of the carriage on the other side, and he seeing them quit the carriage, going towards the horses he immediately left me turned his horse's head, rode towards the coachman or postilion and fired his pistol, immediately I saw the slath and heard the Report. There was a gentleman that was in the carriage ran after him and hallooed stop thief, stop highwayman; but how far he ran I cannot pretend to say; in a short time afterwards he cames back and says, I have got his hat; when he came up to the carriage a crape was fastened to the fore part of the hat.

Q. When did you next see him? - He was apprehended immediately and was taken; when I saw him personally to know him, it was at the White Hart, at Edgeware; I went on there, and they soon after brought in the prisoner at the bar, I goes up to him and said, sir, I am very sorry to see you in this situation, do you know me? he said I am an unfortunate man. I am in a distressed situation; I am a gentleman, and as such I hope you will treat me.

Mr. Alby. You say this was about five o'clock on the first of January? - It was between four and five.

Q. I believe it is pretty evident, that on the first of January at five o'clock, it

was almost dark? - It might be almost dark in London, but it was not there.

Q. Did not you swear in your examination before the magistrate that you was not certain to the person of the prisoner? - I did not swear that because I was certain the first moment; I swore to him as I do now; wherever I happened to see him I knew him.

Q. As I understand, it Mr. Bacon, the person that stopped the coach had a double crape under his hat, and at the time he attempted to ride from the coach, he dropped the crape? - No such thing was said by me.

Q. Was you present at the magistrate's during every examination? - I was examined but once.

Q. However you was present when the prisoner was apprehended? - I was, but I was not at the taking of him, because I was in the carriage.

Q. Pray how many miles was this from town, where this happened? - I cannot exactly tell, between nine and ten. I apprehend that they apprehended him near the four mile stone from London, that is on this side of Edgeware.

Q. At the time he was apprehended he was very much intoxicated? - He seemed in liquor but not so very much.

BENIAMIN DOLPHIN sworn.

On the first of January I was in the coach with Mr. Bacon, and the prisoner stopped us in the high road, I could hear the word stop.

Q. Did you see any body then? - I did not. I heard the prisoner say, by the Holy Ghost if you stir another yard I will fire through the carriage; I then saw him, I had let down the glass, I saw a pistol in his hand, with that I had my head out of the carriage at the window, and Mr. Bacon pulled me back from the window, and I heard the prisoner say gentlemen, your money; I am a distressed man, your money or your lives; with that Mr. Bacon's head was out of the window and what past between the prisoner and Mr. Bacon I cannot say, but I heard the pistol fired and I saw the slash; I jumped out of the carriage then, and I followed the prisoner, crying stop thief! stop highwayman! I saw a hat fall off his head, the crape was pinned in the hat, I picked it up, and I turned back to the gentlemen, and said I have got his hat and crape, this will lead to some discovery or something of that fort. I saw him in about three quarters of an hour after, where we stopped at the White Hart at Edgeware; he said he was a gentleman, and he hoped we would use him as such; we told him certainly we would, and any thing that he wished for, he should have.

Q. What time of the day was this that the carriage was stopped? - About a quarter before five, Mr. Bacon had but just looked at his watch, it was a very clear evening, it was a frost.

Q. Lock at the prisoner and tell me whether you have any doubt of his being the man? - I have not the least in the world.

Mr. Alby. I understand that on some occasion or other, you have said that you could not possibly swear to the prisoner? - I said from compassion I wished I could not swear to him.

Q. I understand that you said from the crap, the thickness of it, and it being over his face, and it being so dark, that you could not swear to his face? - I never said so.

Court. Was the crape over his face? - Not to my knowledge.

Mr. Alby. Did you pick up the hat? - I did.

Q. I believe the pistol was not fired till two gentleman got out of the

coach, in order to apprehend the man? - I believe there were one or two out.

Q. You cannot take on yourself par ticularly to say where the pistol was fired? - I cannot.

Q. Was you present when he was taken? - I was not.

Q. Did the prisoner ever acknowledge that he was the person that committed the transaction? - Quite the reverse, I believe he said if he was a thief, he was a young one.

Q. I believe it was a considerable diffance from the place where the transaction was committed, and where the prisoner was taken? - I believe it was five or six miles.

Q. Pray what space of time clapsed between? - Not an hour.

Q. The prisoner rode a very good horse I understand? - I am afraid it was a very poor one.

Q. It was a pyed-ball horse? - It was, a very remarkable one.

Q. You pursued him on horseback? - No, I did not, the position did.

Q. He had a horse from the carriage, I presume, to pursue him? - He had.

Q. Pray sir, will you give me leave to ask, what is the reason you now take on yourself to swear positively to the prisoner, though you wished formerly to avoid it? - I said, I did not wish to take any man's life away.

Q. Why have you altered your opinion? - I have no motive in the world.

Court. He did it, in pursuance of his subpcenas.

Q. What are you? - I was a servant to my Lord chief justice Eyre, for ten or eleven years, I have just quitted his service.

DANIEL TOON sworn.

Q. Was you in company with Mr. Dolphin and Bacon in the coach? - Yes, I was. As we were coming on this side of Stanmore, we were stopped by the prisoner at the bar, who demanded our money, he said he was a distressed man, by the Holy Ghost, and the money he must have directly, if not he would fire into the coach.

Q. How was that pistol placed, what position was it in? - He had it against the window, pointing at some distance from the window; this gentleman gets up, and asks him what he wanted? Mr. Bacon did; in the mean time we had a friend in the coach with us, and he got out, he said Toon I will not stay here to be shot, I will get out, he got out, and I followed him, as soon as we had got to the head of the coach, he turned his horse thort about, and he went on, and as he was going on he fired his pistol at the postilion, as I thought; we went after him, two of us, and took his hat and crape; he was rode after by the postilion, and apprehended and taken to Edgeware, I was not there. The prisoner is the very man, I am quite sure.

Mr. Alby. I understand that the prisoner wore and a double crape at the time the man that stopped the know that. The hat a distance from the coach, about a hundred yards.

Q. Pray do you suppose the prisoner wore that hat? - I do suppose it.

Q. Was not the crape over his face at the time that he stopped the coach? - It was not.

Q. I understand that the person did not attempt to fire till he was pursued by the postilion? - It was fired when he turned, before he was pursued, because there was nobody after him.

Q. Did not two gentlemen jump out of the coach? - They did.

Q. You cannot take on yourself to swear in what direction that pistol was fired? - It appeared to me at the postilion.

Q. Was it possible he could have avoided firing with effect, if he had chose so to do? - I cannot say.

Q. You say you was not by when the prisoner was apprehended? - I was not, I saw him the next morning.

Q. He said then he was in a state of intoxication, and he did not know what was done on the road that night? - I cannot tell that.

Q. Pray did not you say before the magistrate, that you could not take on you positively to say that the prisoner was the man? - I knew he was the man, and I am sure of it.

JAMES LUCK sworn.

I am a post boy. On the 2d of January I was returning from Barking in a coach and four, I drove the fore leaders; this gentleman on a pyed-ball horse, came up to assist me with the horses, because I could not make them go; I told him I wanted no assistance, I would make them go presently; he went on with his horse, and mine followed, and I past him, and this gentleman came along side again, and I told him I wished I had his horse, instead of mine; he rode up to me and presented a pistol, and said stop, and not to look back, and I stopped directly; then he went to the carriage, and came back again, and as he came back to pass me, he fired a pistol close over my shoulder, I said d-n you, though I have got such a gib, I will take you before you get to town; and I took a horse out of the carriage, and rode off immediately, and catched him about two miles before I got to Edgeware; I got past him, and said you are the person that I am after; he came up to me, and snapped a pistol at me, I got hold of his bridle, and he got from me again, I directly rode after him, and cried stop thief! riding through Edgeware I lost fight of him; there came a man by with a bundle of wood on his back, and I asked him if he had seen such a person, and he said he was about half a mile forward, I got up to him about the four mile stone, and I turned him, and he snapped a pistol, and it flashed in the pan; he went on again a little further, and snapped pistol at me again, but however I took him, and carried him to Edgeware; a butcher followed with me, and he jumped off his horse, and I jumped off mine, and we took hold of him; the butcher wrenched the pistol out of his hand. I have got some powder and ball that I took out of his pockets.

Mr. Alby. Have you ever been concerned before in this business? - No.

Q. Have you never heard that there was a forty pounds reward for the apprehension of a highwayman? - I did not think of it at this time.

Q. Would you have run the hazard you did in endeavouring to apprehend him, if you did not think there was a reward for apprehending him? - Yes, I would indeed, and I would run the hazard again.

Q. You say the prisoner was never out of your sight? - Yes, he was out of my sight for the value of ten minutes, and I waited till a butcher came by on the road, and he told me which way to pursue.

Q. Pray was the prisoner apprehended within four miles of town? - Yes.

Q. Pray then how came you to swear that you took him just coming into Edgeware? - That was when I got hold of him first.

Q. Did you see the hat fall? - I did not.

Q. You saw the crape over his face when he came up to the coach? - I saw no crape at all.

Q. Did not you see the hat drop? - I suppose it was him that dropped it.

Q. Will you take on yourself positively to swear that the prisoner was not out

of your sight more than four or five minutes? - I said he was out of my sight ten minutes.

Q. When you attempted to stop the prisoner at the entrance of Edgware, had he his hat on his head then at that time? - He had.

Q. Did not you stop there to get somebody to assist you, or to change horses? - I changed horses no where.

Q. How long did you stop in Edgeware? - I did not stop a moment no where, only when I got hold of his bridle.

Q. Pray did not you stop for the purpose of getting somebody to assist you? - No, I rode and called out stop thief.

Q. Pray sir, where was it you met with this butcher? - At the seven mile stone.

Q. How came this butcher to pursue? - Because he heard that I cried stop thief coming through the town, and he followed me with nothing but a halter on his horse, he and his man.

Q. Will you give me leave to ask you how often have you spoken of this business, since you was at Bow-street? - I cannot say that.

Q. You have spoke of it to many persons I suppose? - I might.

Q. Have you ever said that if the prisoner would advance a sum of money, of fifty guineas, you would keep out of the way, crelse when you came on the trial you would so prevaricate as your evidence should be or no force? - Never.

Q. Do you know a man of the name of Tucker? - Yes.

Q. Did not you make such a proposal to Tucker? - I did not, on my oath; I never made any overt re, I never would say any thing, or give him an answer on that; the gentleman, the prisoner, said that he would give fifty guineas, and go out of England as fast as ever the coach could take him, if we would clear him; when he said this, he had the room cleared of all but the constable, and them that belonged to the business; I told him I dare not do it.

Court. Do you believe the prisoner was drunk? - I don't know that he was.

Q. Did he appear to be much in liquor? - No.

Q. What did you say about Tucker? - Tucker told me that no money would be wanted, if I would only come to terms, and not appear to any thing of the kind.

Q. Who is Tucker? - Tucker is a postilion at the Bell Savage inn, Ludgatehill.

Q. Pray had the man, whom you pursued, a hat on his head? - Yes, he had when I catched him the first time.

Q. Was that after you catched him at the side of the coach? - Yes. I did not see any hat fall off, but there was a hat laying by the coach.

Q. Had the man a crape on, that came to the coach? - No, I see no crape.

Q. Are you sure that the horse that you saw afterwards, was the same pyedball horse as came to the coach? - I am quite sure, it was remarkable in its colour.

THOMAS FRENCH sworn.

I was up in my yard at Edgeware, on the 1st of January. I am a butcher, I heard the cry of stop thief, and I ran down the yard, and my brother's horse was watering at the trough, with the halter, I got on it as it was, and I went as far as the seven mile stone, about a hundred yards from there, and I over took the post boy, the post boy was asking a man if such one had gone one the man said no, there was a man came by, and said, he is now almost much about Silk Bridge; we all pulled our horses back again, and pursued towards

him, we went all three of us, as fast as we could go, and my being bare back, I got rather foreish at the three mile stone, I went rather gently, and at the four mile stone the post boy turned the prisoner at the bar; he said stop him, there he comes, I got off my horse, and took him by the collar, and took the pistol out of his hand; and I thought of his being a strong young man, so I kicked his heels up, and said, will you go quiet, he said, if you will not use me ill, I will, so the post boy examined him, and found the powder and shot in his pocket; and we tied his hands with the post boy's garters, and took him to Edgeware, and the next morning I had a chaise and brought him to Bow-street.

Q. What sort of a horse was he on? - He was on a pyed-ball mare.

Mr. Alby. You say that you took a pistol from the prisoner at the time that you apprehended him? - Yes, I did.

(Produced.)

Q. You are very well acquainted with this road? - Very well.

Q. You know that a number of highway robberies are committed there? - I have heard so.

Q. Therefore you would think it necessary, that a person that has particular regard for his own safety, would take fire arms with him? - They might if they think proper.

Q. You say you was not on your horse when this Luck passed by? - No, I heard the cry.

Q. You say Luck stopped to communicate to you the business? - No, he never stopped.

Q. The prisoner was so much intoxicated that even the small violence that you used to him threw him to the ground? - I rather think the man was in liquor.

JAMES HYDE sworn.

I am one of his Majesty's messengers. I know the prisoner at the bar; I have known him nine or ten years, I never heard any thing against him.

Court. What was his trade? - His father was a gentleman, his father is a man of very good property.

Q. How long has he been in this country? - I have not known him before now, for this half year, or something better.

Q. Where did he live? - He lived in Dublin, I reside in Dublin, I am the King's messenger there.

GUILTY . (Aged 27.)

Transported for seven years .

Tried by the second Middlesex Jury before the Lord CHIEF BARON.

Reference Number: t17940115-70

138. JOHN BECKWITH was indicted for stealing, on the 24th of December , three pair of leather shoes, value 4s. the goods of William Barnard .

William Barnard was called on his recognizance.

RICHARD MUNDAY sworn.

I found the duplicate on the prisoner, and went to the pawnbroker, and the shoes were produced.

139. DANIEL SHARP was indicted for stealing, on the 21st of December , three looking glasses with wooden frames, value 30s. the goods of Simon Bishop .

SIMON BISHOP sworn.

I am a coach-maker ; I lost two looking glasses with wooden frames; they were brought down stairs, there were three missing in all from the place where they were put. I keep the Queen's Head in Mary-le-bone-fields .

Q. Did you lose these glasses from that place? - I put them in a shop there for safety; I cannot justly say the time, it is three or four months ago; the shop is in the field, my house is against the shop.

Q. Your shop is not then the Queen's Head? - No, that is where I lodge; it is not my shop where I put them, it is the prisoner's master's shop, Mr. Edmondson, a coach-painter.

Q. Where is his house? - In Warwick-street.

Q. Was it from there that they were lost? - No, it was up in the fields where they were lost; his shop is up in Maryle-bone-fields.

Q. You was not at the shop at the time they were missing? - I was not.

Q. How soon did you see them after they were missing? - I saw this one glass about two hours after, it was standing up at the side of the shop, behind a large folding door, at Mr. Edmonson's shop; I know it by the frame, it is a painted frame, I took it when I took the public house, I keep the public house and am a coach-maker besides.

Q. Had you made observation enough of that glass, so that you can swear to it to be your's? - I can swear to it, I have no doubt about it.

SAMUEL PICKERING sworn.

I am a coach painter, this man worked for the same master, Mr. Edmonson, as I do. On Saturday the 21st of last month, he and I were sent out to work, he was to assist me, the prisoner is a labourer, he used to grind colours; I sent him up to the barn, which is Mr. Edmonson's shop, in Mary-le-bone-fields, while I went home to get my breakfast; I had my breakfast, and went to see for him up there, and he was not there.

Q. What time did you return? - About a quarter before nine in the morning; I had left him in King-street, Golden-square; I supposed he was gone to breakfast, he comes in a little time after, he said he had been at breakfast, and Mr. Edmonson came, and he set me about another job, and this man and I did it; then he went away again, and I saw no more of him for about an hour, and he came back again and brought his boy with him, a lad about ten years of age; I wanted him to lend me a hand, to pull and haul the carriage, I asked him where he had been? he came and just went away again, then he went up stairs into the lost, I did not see him go up into the lost, but I heard him as I was at work underneath; there was nobody but he and I in the barn, and they could not get in without my seeing of him; I wondered who it was making a noise over my head, I hallooed out to him to lend me a hand to get the fore carriage under, and he comes down stairs, and he made rather a noise coming down the ladder, and I saw him bring this glass out, and I saw him put it behind a folding door, he had but this one that I saw.

Q. Do you know where he brought it from? - From one corner of the lost.

Q. You was in the shop at that time? - I was in the shop at the same time.

Q. Then he knew that you could see what he was about? - I don't know for that; I wanted him to assist me and he came to me rather fatigued, and said will you have any gin? he said he had had half a pint; I said I have drank one or two glasses this morning. I did not with to have any more. Mr. Bishop's public house joins to the shop, I went in to the mistress of the house, and asked her if she had any looking glasses in the barn? she said she had; she came in along with me; I told her that man had brought one down stairs; he said he knew nothing about it. I told him, what a wicked man you must be to deny it, when I saw you bring it down stairs. The boy was standing right facing of him while he was coming down stairs; this is the glass.

Q. What was done with the glass after it was put behind the door? - Bishop took it from behind the door.

Q. Have you kept that glass till now? - Yes, I have.

Court to Bishop. You said, if I understand you right, three glasses were missing? - Yes.

Q. Do you know any thing about the other two glasses? have you ever found them? - No.

Q. Did you put these glasses yourself in that lost? - Yes, in a private place, three months ago.

Q. When did you see him? - Not till I found that this glass was brought down stairs.

Q. Did you see the glass behind the door? - I did

Court to Pickering. Did you observe whether he was drunk or sober? - He was rather in liquor, but he knew what he was about.

Prisoner. I never see the prosecutor but the last fortnight that he worked at my master's, I have worked for him ever since last June. My master, Mr Edmonson sent me up to the barn and ordered me to take some coals with me to dry a carriage (I lodge in Grosvenor-street, Golden-square) I went up to this lost for some light wood to light the fire, and I brought down this glass in my hand with some light wood; with that my prosecutor sent me to order a quartern of gin, and then he went out himself and came in again and brought Mrs. Bishop. I took the glass in one hand, and the old wood in the other to light the fire, I brought it down for safety, I thought it would be liable to be broke there, I thought it was my master's, I did not know that it belonged to Mr. Bishop, I have no witnesses, Pickering told Mrs. Bishop that I moved the glass with an intent of stealing it.

Q. Court to Pickering. Did you see him bring down any fire wood? - Not a bit, he went up there for to light the fire, he did not light it, and when I went up there I light it myself.

Prisoner. My prosecutor he owed me some spite or other, and I could not make out what it was; it is not two sessions ago that he was tried here himself for thieving the colour of Mr. Creece.

Court to Pickering. Is that true or false? was there any charge against you for stealing any colour? - I was tried here and was cleared.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-72

140. MARY ANN RITCHIE was indicted for stealing on the 8th of December half a crown and twelve shillings the monies of Edward Armstrong .

EDWARD ARMSTRONG sworn.

I am a coach tire smith . On Saturday the 7th of December, going to my lodg

ing I met with this woman in the street between eleven and twelve, I live at Nasson's place, St. Giles's.

Q. Did you know the prisoner before? - No, I did not; I met her pretty near Broad-street, St. Giles's, she asked me where I was going? I told her I was going home; says she, will you go home along with me? I asked her where she lived? she said not far from here; I asked her if she had got an apartment of her own? she said yes. It being after my usual hour of being out of a Saturday night I did not like to disturb the people where I lodged, I agreed to go with her, she took me to her apartment; I did not like it, it was in Dyot-street , where she took me to; says she, you may have a good bed for a shilling, so accordingly I went to another bed and dropped asleep; I did not lodge in her apartment at all, I came down into another room.

Q. How many stairs did you go up at first? - I believe it was two or three, I went at first where her apartment was.

Q. Where did you get a room at last? - In the same house, but lower down stairs. While I was asleep she took the money out of my pocket.

Q. Was you sober? - Yes.

Q. Did you go to bed? - I was in bed but she was not, I had no more to do with her than a child unborn.

Q. Did you undress yourself? - Yes, I went to bed with an intent to stop there all night, because it was too late to go to my lodgings, and I did not like to disturb them.

Q. Did she come to bed with you? - No. I fell asleep immediately; she did not leave the room till I fell asleep.

Q. Do you mean to say you was perfectly sober? - I was sober, sit to do any business whatever.

Q. Did you, as a sober man, go with a common strumpet that walks the street in St. Giles's? What money was you to give her? - A shilling.

Q. What did you pay for the bed? - I paid a shilling for the bed to the woman of the house. When I went in, as I suppose, I had about fifteen or sixteen shillings, I went to bed and sell fast asleep, never locked the room.

Q. She was not to have come to bed to you? - She was to do as she liked, she did not lay with me.

Q. What time did you awake in the morning? - About five o'clock.

Q. Then you slept from between twelve and one, till five? - Yes.

Q. Then you awaked about five, who was in the room? - The woman had gone down stairs, and said that I was sick in bed, and asked the woman in the house for a bottle to get something for me to drink, because I was very sick.

Q. Was you sick? - No. The woman told her she had not got a bottle, but she would let her have something else, accordingly she let her have something else, and she never returned; so the woman of the house suspected that I might be robbed, and she said to the watchman, I dare say the young man up stairs is robbed, the woman has come down stairs and said she wanted a vessel to get him something to drink, so the woman of the house described the person to the watchman and asked him if he knew her.

Q. Did you know the woman yourself? - Yes, I am certain that is the woman. The watchman and the woman of the house came up stairs about five o'clock.

Q. Then what happened between the hours of twelve and five you don't know? - I am certain she did not come to bed, because she was never in the house.

Q. All that you know is that at five o'clock you missed your money? - It was all gone but one shilling. I know I had something about me under a pound, but not much.

Q. Was any thing particular in the money? - There is one half crown I can swear to, it has got a particular mark on

the tail side, a little hole; I only received it that night. I received it from the pay table.

Q. When was she taken up? - A little before six in the morning. I gave charge of her, and the watchman took her to the watch-house.

Q. Are you sure you gave this woman only one shilling? - Yes, I am.

DANIEL HOGAN sworn.

I am a watchman. On the 8th of last month, which was of a Sunday, a little after five, I was called by a woman into the house where this robbery was committed. I came to the woman and she said she dare say there was a man up stairs that was robbed of some money; I went up stairs and spoke to the prosecutor, and asked him how much money he had lost? he was in bed asleep, it was on the first floor, the one pair of stairs, I believe, I am not positive; I asked him how much he had lost? he said half a guinea.

Q. When did you apprehend the woman? - Within a quarter to six, at the running horse in Tottenham-court-road, along with three or four men a drinking; I brought her to the same house, and the prosecutor he gave charge of her; I brought them both to the watch-house, and the watch-house keeper searched her and found five or six shillings on her, and a remarkable half crown, which the prosecutor swore to.

- sworn.

I am watch house keeper at St. Giles's; about six o'clock on Sunday, Hogan brought this prisoner to me, I searched her and found five shillings and a half crown; I put the money on the table and the prosecutor says, if there is a half crown with a hole on the tail side it is mine.

Q. Did he say that before he saw it? - Yes, he could not see the tail side because the tail side was on the table. I immediately turned the half crown up so, and I shewed it him, says he, that is my half crown.

Prosecutor. This is the same half crown, it is mine, I am certain of it.

Prisoner. Honoured gentlemen, pardon me an unhappy widow, if I should state my defence in writing, as my health is very much impaired by being in gaol this six weeks, which I believe will terminate in my ruin, having neither friend nor relation to assist me, and this unfortunate affair proceeds entirely from malice. Honoured gentlemen, I was robbed of eighteen guineas some time ago, which was to carry me to Scotland, my native place. This man, the prosecutor, is an acquaintance of the person who robbed me, whom he has put in my way to bring me into trouble. I met this man in Oxford-road, where I supped with him, he made me a present of half a crown to buy me a pair of gloves; he afterwards offered to sleep with me, which I refused, he being incensed at this repulse, immediately charged the watch with me, and I am the unhappy sufferer; I hope you will take my case into consideration; the society I have been among for these six weeks, being to me a representative of the lower regions; may God keep me from such, and I hope you will be made the instrument of keeping me out of inevitable ruin; and the heavens will shower his blessings on you. I have no witnesses.

Prosecutor. I am sure I did not give her this half crown.

Q. Did you ever know her before? - No, I never saw her to my knowledge.

141. PATRICK CAROL was indicted for stealing, on the 11th of January , thirty feet of sir joint timber, value 3s. twenty feet of fir posts, value 4s. sixteen pieces of oak plank, value 10s. and forty feet of sir timber, value 5s. the goods of John Stevenson the elder , John Stevenson the younger , and John Blackwell .

(The case opened by Mr. Knowlys.)

JOHN FOSTER sworn.

I am the clerk to the prosecutors of this indictment, they keep the Horse Shoe brewhouse , in Bembridge-street , their names are John Stevenson the elder, John Stephenson the younger, and John Blackwell.

WILLIAM GODFRY sworn.

I am a carpenter, I was employed on the premises of Messrs. Stevenson at the Horse Shoe Brewhouse.

Q. Do you know whether there was any wood lost on their premises? - Yes, there was a good deal lost, but I cannot prove the time when it was lost.

Q. Did you perceive that wood was missing? - Yes, the prisoner lives in the same street, about one hundred yards off; he is a shoe maker, he lives in Bembridge-street, No. 3. I live in Great Russel street, Bloomsbury. Friday night, the 10th of January, I was sent for to the brewhouse and had some information that made me apply for a search warrant, I got one on Saturday morning, about eleven o'clock, I went with it to the prisoner's house, and two officers were with me, we went into the front room, the parlour, where the prisoner was making shoes, his wife desired the officer to tell what he wanted, he was present, I do not recollect that he said any thing that time, she said the would bring it him if she had it, the officer asked if they had any timber or wood.

Q. Was that loud enough for the prisoner to hear? - It was, then she fetched the key of the kitchen, she said she had some in the kitchen, we went to the kitchen door together and I went out into the yard, the prisoner we left in the front room behind, and I went into the yard, and there I saw two pieces of timber, joist fir timber, I immediately said that it belonged to Mr. Stevenson's and Co.'s brewhouse; I said that, and the prisoner immediately answered and said, that was the only two pieces he had from the brewhouse, I am certain that he said that one of them the bricklayer gave to him; he said his name was Hogan. I asked him if he knew Hogan, the bricklayer? these were found across the yard, on the top of the yard; after that we went into the kitchen, and he followed us, as we went down under the stairs, there we perceived a large quantity more, they handed it out to me, and directly as I put my hand on the timber I said I knew it to be Mr. Stevenson's property; they are called tye pieces; there were some boards also lay at the bottom of the stairs, there was a large quantity that I had not the least doubt but what it belongs to Mr. Stevenson's, though I had no particular marks for it.

Q. Now having looked down stairs where else did you go? - We went into the back yard again, and there are two little sheds, one on the left and one on the right, that on the right hand the door was open, we looked into it, nothing was there at all; the prisoner was there in the yard at this time, and when the officer asked him what was in the other? he said that he had let that place to an old woman and she was gone out, there was nothing there. The officers began to break the door open, he said as I was a carpenter I knew better how to get the door open; we opened the door and there we saw a large quantity of wood more, this was not all fir, there were two oak planks, about eight feet long each of them. I had no particular mark for them myself.

Q. Was Hogan with you the time the search was made? - No, he was not, he has seen these planks since, and he knows them.

Q. Did you find any thing else that you know to be the property of the prosecutor? - We found a piece with two streaks of iron nailed on the side before we began to pull down the building, it stood under the upper lost.

Q. How much do you think there was contained in this shed? - As much as five or six men could carry, the posts were about seven inches square, and about five or six feet long, the wood is here. There is one piece of joist new stuff, that I had matched, the fellow piece to it, found at the brewhouse.

Q. Did the prisoner say any thing with regard to the rest of the wood? - He did not.

Mr. Knapp. Mr. Godfry, what is the firm of Messrs. Stevenson's? - John Stevenson the elder, John stevenson the younger, and William Blackwell.

Q. No body else? - I don't know that there is.

Q. Did you know that the prisoner lived where you described you went before? - I never knew that he lived there before.

Q. Mr. Stevenson went before the magistrate? - He did.

Q. Did he swear it to be his property alone, and not the property of the partnership?

Court. He knew it was what belonged to the brewhouse.

Mr. Knap. The wife told you that if there was any wood you should see it? - Yes, she did.

Q. Then she made no difficulty at your seeing what wood there might be there? - I dont't know that she did.

Q. She said there was an old woman that had ashed in the yard? - She did not, but he did, he said it when he was in the yard.

Q. Did he say at the same time that she lodged there? - He did not say that she lodged there.

Q. Did not you know at the whole time that there were different lodgers in this house? - I did not.

Q. Nor have you ever heard that there were different lodgers in this house? - No further than I heard that she let out beds to women.

Q. Not to men? - To men I suppose as well as women. The wife of the prisoner said she would fetch the key, and she did fetch the key directly.

Q. The prisoner then was left in the front room, was he left by himself? - He was not, there was an officer with him, and another man stood at the door.

Q. Afterwards when he knew you were enquiring about all these pieces of wood he came to you into the yard? - He did.

Q. Did you ever hear the prisoner had any other trade than a shoemaker? - I never heard no farther then I have heard Hogan say that he was a bricklayer's labourer, I never recollect seeing the man.

JONATHAN DAVIS sworn.

I am a servant to Mr. Godfry the last witness.

JAMES KENNEDY sworn.

I am an officer of the police office in Marlborough-street.

Q. Did you go to execute the search warrant at the prisoner's house? - Yes, on the 11th of this month. When I went into the house I saw the prisoner at the bar and his wife, I told them I had a search warrant to search for stolen property; his wife made answer, what was it? I told her it was timber; says she, here is the key I will shew you some timber that we have got. I went down to the kitchen, and there was a quantity of timber that she had got, Mr. Godfry was along with me, and he pointed out what timber belonged to Mr. Stevenson, I think we found ten pieces about two or three yards long, there was some flooring and other thick pieces of wood, in the yard there was a very large piece there, Mr. Godfry said that belonged to Mr. Stevenson; the prisoner was in the front parlour at that time, in custody with another officer.

Q. While he was in the yard did he say any thing? - He did say something, but I cannot recollect what it was; here was a little house, there was no person in it, but only an old woman that lodged in it, the windows were broke, I looked in at the windows, and I saw a great deal of timber in it, I burst open the door; which wood found there, the carpenter said belonged to Mr. Stevenson, that is all that I know about it; I think it was the prisoner said that an old woman lodged in it; there was a fire place in it, but no appearance of a lodging.

Q. You talk of an officer being with the prisoner, had the prisoner any opportunity of making his escape, if he had been so inclined? - No.

Mr. Knapp. Do you know whether any body lodged in this house, besides the old woman? - This was in the yard, but I dare say there were lodgers in the house, both men and women.

Q. Of course these men and women that lodge in the house had access to all parts of the house.

Q. Then this place in the yard had the appearance of a lodging house, because there was a fire place? - Yes.

CONSTANT HOGAN sworn.

Q. Was you at any time at work on these premises of Mr. Stevenson's? - Yes, I am a bricklayer, I know the prisoner at the bar.

Q. Before the search warrant took place did you see the prisoner on the premises at any time? - Yes.

Q. Was there any conversation passed between you? - Yes, he asked me for a piece of joist that lay there.

Q. What kind of wood was it? - Fir; it lay on the outer part of the bottom scaffold.

Q. Did he say what he wanted it for? - He said he was going to build a shed, I told him he should not have it.

Q. Did you afterwards change your mind, and give it him? - No, I did not give it him.

Q. Did you at any time give him any wood? - No, never.

Q. What time of the day was this? - It might be about half after eleven, two or three days before it was found in his house.

Q. Do you know what became of that piece afterwards; did it remain there? - When I came back from dinner that day, I missed it, in the course of the afternoon I met the prisoner, he came opposite the building as usual; I said to him I perceive you have taken that piece? no, says he, I have not.

Q. Then you charged him with having taken it, and he denied it? how long was this before he was taken up? - A day, or two, or three.

Q. Did you ever see the piece of timber again? - I see it when it was brought back in the caravan.

Q. Did you see where the caravan came from? - I see it set down in the street.

Q. Who brought that piece? - It came along with the rest in the cart.

Q. With whom? - John Davis , and the constable.

Q. Is that piece here? - It is on the outside.

Mr. Knapp. Hogan, you are a bricklayer, you work for Stevenson? - Yes.

Q. This was a day, two, or three, before the prisoner was apprehended, that he came and asked you, if you could spare that particular piece. This wood might easily be taken by any body else, and conveyed to the prisoner's possession? - There is no doubt of that.

Q. And the property laying in a public manner, it was very easy for persons so inclined, to have taken it? how long have you known the prisoner at the bar? - Some years.

Q. Has he lived long in that neighbourhood? - He has lived there some time, and keeps houses, at least rents houses.

Q. Do you know whether in this house that they have been talking of, there were any lodgers? - It is hard for me to answer, when I never was inside of his doors.

Mr. Knowlys. What houses are these? - I don't know.

Q. Let them produce the wood.(Produced and deposed to)

Mr. Knapp to Godsey. Do you know to your own knowledge that this is the prisoner's house? - Yes, he said it was his house.

Prisoner. My door is generally open about five o'clock in the morning, and these people might bring the wood in without my knowledge; I am generally out of doors all the day about my business.

JAMES KIDNEY sworn.

I am a bricklayer, I know the prisoner, Carol, I was workman to Mr. Carol, to build a chimney for him; it was last Saturday week, I asked whether Mr. Carol was at home, I was informed he was not at home, he would be in presently; in the course of that day while I was at work there, I saw a labouring man bring in a large piece of timber, it was a long piece, about sixteen or seventeen feet long, it seemed to be an old piece, which Mrs. Carol asked me to lend the man a hand with it, to put it out on the shed in the back yard; we heaved it on the top of the shed, across the tiles; in the course of a trisle of minutes the same man brought some more in.

Q. Do you know what timber that was? - He went through the passage and left it in the yard, and said nothing, but came out; it seemed to be a dirty piece, I did not see him put it into the yard, but I saw him walk back again into the street, he said nothing at all.

Q. What else did you observe? - Nothing else.

Q. Was there any questions asked of this man about these things? - The first time he asked Mrs. Carol whether she would buy some old timber, and she asked him where he got it, and whether he honestly got it, and he asked the price of a pot of beer, and she put her hand in her pocket, and gave him something, but I cannot tell what she gave him; there were two pieces came at first, but what he fetched last, I don't know.

Mr. Knowlys. This was last Saturday seven-night? Had the clock gone four or five in the afternoon? - When this took place it was in the morning, between eight and nine.

Q. Where was Mr. Carol then? - I did not see him, for I was waiting to see him.

Q. How long did you wait for him? - About half an hour, or better.

Q. Did you come again at all that day? - No, I did not.

Q. You was sent to build a chimney, was not you? - I was.

Q. Did you ask this man where he came from? - I did not, it was not my business.

Q. Did Mrs. Carol ask him where he came from? - She did, he said it was no matter to her.

Q. Did not she ask the question again? - She did, he made the same answer again.

Court. You are not conscious, there is not a man in the court believes a word of what you have said. Are you sworn? - Yes.

Q. Do you know that you are as much bound to speak the truth as if you was sworn on the cross? - I know that.

Mr. Knowlys. Did she ask him a third time where he came from? - No.

Q. You told her it was odd he would not tell where he came from? - I told her no such thing.

Q. It did not at all alarm you? - It did not.

Q. She then directed him where to put it? - No, she did not.

Q. Who directed him where to put it? - He left the piece in the passage, a long piece.

Q. Was that the first or the second piece that he left in the passage? - The first piece.

Mr. Knowlys. My learned friend asked you whether you was alarmed; this was not your own house? - I had nothing to do with the house.

Court. A pretty piece of timber seventeen feet long, only worth a pot of beer? - He said his master would call and he would settle with them.

MICHAEL DONAHOUGH sworn.

I am a plaisterer; I know the prisoner at the bar; I was at his house last Saturday week, and a labouring man came to the door, and brought two pieces of wood, and asked Mrs. Carol whether she would buy it? she asked him whether it was his own? and he said his master had given him that wood to make some beer of.

Q. Did you know this labouring man again? - No, it I was to see him again I should know him. She asked him what was the price of it? but he said she was to give him the price of a pot of beer, and his master would call in a little time, and set a price on the wood; then she puts her hand into her pocket and gave him some halfpence, whether it was three-pence or four-pence, I cannot tell.

Q. What sort of timber was it? - It was a long piece, about sixteen or seventeen feet long, it had been used before.

Q. Are you acquainted with timber? was it fir timber? - It was fir, to the best of my knowledge, one piece was deal, but the others I cannot say; the man after putting this down went away, and he came in again in five or six minutes, and asked no questions; and went through the passage, leaving some more pieces, and laid them in the yard, and there he left them and went out again.

Q. Do you know what wood they were? - I went along with a young fellow that worked along with me, and I saw a piece in the yard, one round piece, with a piece of iron nailed to the end of it, another piece that had been used, smashed down at one end.

Court. Have not you seen a piece of this kind just now? - I have seen it to the best of my opinion, I cannot swear to it.

Mr. Knapp. Where do you live? - No. 4, Cock Pitt-alley, Druty-lane.

Q. How long have you been acquainted with the man at the bar? - Seven or eight years.

Q. What brought you to the house this day? - I came to buy some goods that he had to dispose of, some beds, I keep a lodging house.

Q. What time was this? - Between eight and nine o'clock in the morning, not earlier than that.

Q. Who were there? - There was Mrs. Carol there, and her children.

Q. Was there any woman with Mrs. Carol? - No, except the servant maid, and she went out when I went in.

Q. Did the servant maid return while this business was going on at all? - I did not see her.

Q. Then she was out of the way entirely? - She was.

Q. The man brought a piece of timber there; how came he to come there with it, do you know? - It is the man that lodges with him, I recommended him there, his name is Kidney.

Q. How came the man with the wood there? - He came to sell it, I suppose.

Q. Carol does not deal in timber, does he? - Not that I know of.

Q. Was the door open or shut? - The street door was open.

Q. Where was you and Mrs. Carol at the time he came? - In the parlour.

Q. Was the parlour window open? - No.

Q. Was there any appearance of wood at the door? - Not when I went there.

Q. How came the man to call in here to sell wood? - That is a part I cannot tell.

Q. So when the man came in Mrs. Carol asked him how he came by it? - He came in and knocked against the wainscot and says, mistress, will you buy any wood?

Q. Did Mrs. Carol ask him where he came from? - She asked if the wood was his own? He said it is was his master's.

Q. Upon your oath did she ask him this question, where did you bring it from? I will have an answer. - I did not hear her say it.

Q. If she had asked that question should you have heard it? - I did not hear her say it, if she had, I dare say I must have heard it.

Q. Then she did not ask him that question twice? - She asked him whether it was his property.

Q. Then you did not hear her ask that question; and you think you should have heard it, it she had asked it; and the man never said to her what is that to you where it comes from? - Yes, I believe there was such a word as that came from him; said he, it is my master's property, it makes no difference to you.

Q. Did he say it was his master's property first? - Yes.

Q. Then how came you to say that he said his master had given it him to get a pint of beer with.

JOHN PINNELL sworn.

I knew the prisoner at the bar for about a fortnight or three weeks, I was pulling down part of an old wall where I was at work in Dyot-street, pulling down this wall I pulled out two pieces of timber about six feet long, four inches wide and three inches thick, and I gave it to Mr. Carol.

Q. Whose wall was it? - Mr. Wallis's in Long-acre, it was between two roofs, between the prisoner's and Mr. Wallis's, and the piece was put in to tie the two roofs together; the timber belonged to Mr. Carol, that I gave to him.

DANIEL MACARTHY sworn.

I am a labouring man, I know the prisoner; Mrs. Carol met me in the street and asked me if I wanted a job? I I told her I did, this was the Saturday after Christmas day; she took me to one of the New-street houses.

Q. Whose houses were they? - I don't know, she said they were her own, she asked me to move some goods away there; and I moved some beds and bedding, chairs and tables, and some other

articles, and some wood to her house in Bembridge-street, from her house in New-street.

Q. What fort of wood? - There were three pieces of plank, one was sawed in two, and another was six or seven feet long, and some other small pieces besides, I put them in a bit of a back shed in the yard.

Q. Who desired you to put them there? - Mrs. Carol, and when I had done she gave me eighteen pence, a pint of beer, and some bread and cheese.

The prisoner called twelve witnesses besides who gave him a good character.

GUILTY . (Aged 40.)

Transported for seven years .

Tried by the second Middlesex Jury before

Mr. COMMON SERJEANT.

Reference Number: t17940115-74

142. THOMAS WOODFIELD was indicted for stealing, on the 6th of January , a man's hat with a silver band, value 4s. a cloth great coat, value 5s. a cloth coat, value 5s. a cloth waistcoat, value 3s. a pair of velveteen breeches, value 3s. a woollen jacket, value 3s. a woollen waistcoat, value 3s. and a pair of corderoy breeches, value 3s. the goods of James Kastevan .

JAMES KASTEVAN sworn.

I live in York-street, Covent-garden . On Monday the 6th of this. month about five o'clock in the evening, this Thomas Woodfield was so drunk that he could not do any thing, he was a servant in the house, he had lived with me six weeks all but one day; my sister sent for me up, and I went up into the dining room, and all that I said to him was, it is too bad; he immediately followed me down stairs and was not very civil, I said to him take your wages and go about your business; he wanted me to allow him a month's wages, which I objected doing, as I told him he was incapable of doing his business, but if he could get it he might, he knew where to find me; he said he would take his clothes, with that I was rather warm, and told him if he did I would have him at Bow street. After a few minutes he said he did not want to behave ill to me, or any gentleman, he would take his wages; I paid him two pounds seven shillings and three-pence for the six weeks, presently afterwards he went; I did not know that he was gone for good till I made an enquiry of one of our men, when I was informed he had taken his clothes, as I was giving him instructions to take care that he left his clothes behind.

Q. Do you know of your own knowledge, that he took them away? - Yes, as you shall find presently. This was on Monday, I thought that he would recollect himself on Tuesday and return them; on Wednesday morning I sent after him, he had lived two years at Islington, and I thought I should have scent of him in some of the public houses there, which I did; he came with our man to the house, the moment I saw him I said young man, you and I must go to Bow-street; he had no objection he said, and I gave him a little time to consider of it; I went into the counting house, and there I stopped for about five or ten minutes, when I came out I said to him, will you or will you not give up the clothes? he said he would not, he consented to give all up but one suit, the suit he went away in. We went to Bow-street together, I told my story, and he in justification of himself said that I gave him the clothes, this was a new livery made within four days after he came.

Q. Had you given him the clothes? - No, I had not, I was to give him eighteen guineas a year, and two suits of clothes.

Q. This livery was you to give it wholly to him, or was he to wear them a whole year? - I made no other agreement than eighteen guineas a year and two suits of clothes.

Q. And this suit was made four days after he came? - Not three days, I dare say.

Q. What may the value of them be? - Somewhere about a pound, I dare say they are.

Mr. Knapp Mr. Kastevan, you told my lord that the agreement was eighteen guineas a year, and two suits of clothes.

Q. Did it happen to you before this, for any servant to go away without a month's wages? - Never

Q. Did you ever require your livery of your servant when he went away? - This is the first servant I ever kept in livery.

Q. Had you ever an idea when you gave him the livery, of taking it away from him? - Would I take and clothe a man that shall be only six weeks with me. I made no agreement about it.

Q. With respect to this man, did not this man himself require a month's wages? do you believe, on your oath, that if you had given him his month's wages, he would have taken his livery? - He said he would take his clothes.

Q. Did not the man say, pay me my month's wages and I will give you your livery up? - He did not say so to my knowledge.

Q. Will you swear that he did not say this, pay me my month's wages and I will give you up the livery directly? - I will not swear to any such thing.

Q. Perhaps he did not speak it in quite such plain language? - He did not say it, nor nothing like it; he said he would have his clothes.

Q. Did not he say that he would have his clothes after you refused the month's wages? did he say any thing about his livery till this? - I never conceived that he would have thought of taking them away.

Q. Did not he tell you openly, that he would take the livery? - He said he would take his clothes, and I told him if he did I would take him to Bow-street.

Q. Was it not plain and evident from the man's conduct, that he would not have thought of taking the livery, if you had not refused the month's wages? - This is quite new matter to me I assure you. I firmly believe, on my oath, he never meant to return them.

Q. Did not he from his conduct, evince to your mind, and was it not plain enough to you, that he had an idea that he was entitled to them from the bargain that was made? - He said he would take his clothes, I had no idea of his taking his clothes however.

Q. But he did take his clothes and you did not give him his month's wages, he never refused to come back again? - My servant had some ado to get him to come, it was with some reluctance.

Q. You never had a servant in livery before? - Never.

JOHN EVANS sworn.

On the 6th of this month, the prisoner at the bar, went out about one o'clock (I live with Mr. Kastevan) and he came home rather intoxicated with liquor; my master found he was not able to do his work, came down into the shop, the prisoner soon followed him; my master paid him his wages, he mentioned something about a months wages; he went up stairs and he came down again, he went down stairs again to the kitchen to the family, and master went up stairs to dinner, we in the shop were shutting up the shop, and the prisoner went away with the things while we were shutting up the shop. On Wednesday morning following, I was sent by master to see if I could find him at Islington, I went to two public houses, at one of the houses I was informed that he was gone to Dr. Saunders's, at Highbury.

I went to Dr. Saunders's and did ask for him there, but I found him at a public house in Islington, he was sitting down drinking some purl with his friend, reading the news Paper; when he saw me he said, John are you come after me, I made him an answer that I was, he said he was looking in the paper to see if he could see any thing about any place; he asked me what my master said about him? I told him he was surprised he did not return the clothes home, he made an answer, that my master had given him the clothes, and that he would not return any of them except the great coat, which he would return if he would give him a month's wages; he took this hat off his head, and said he cannot hurt me, I know a young man that has done the like; he came along with me, coming home the other side of Sadler's Wells, he said if I had stopped a little longer, he had been off in the country, and I should not have seen any more of him; from thence I took him to my master's shop, and there were a few words passed between him and master's brother, but I was not present at the time.

Mr. knap. When you saw him go out you was shutting up the shop? - Yes, and during the time master was at dinner.

Q. You heard the prisoner then talking about a month's wages? - He did not say any thing about a month's wages, he said he would take the clothes away unless master would pay him a month's wages.

Q. Then he had an idea that he was entitled to these clothes? - I cannot tell.

Q. Did not he say, when his master had refused to pay him his month's wages. that he would then take his clothes? - He said he would then take his clothes if in case he did not have the month's wages.

Q. Then when you went to Islington he said his master could not hurt him, because he knew another man had done the like.

Q. He meant another servant did not he? - I took it in that light.

Q. From that you understood that he meant it was the custom of servants so to do? - I took it in that light.

Mr. Knapp addressed the court, that under the circumstances of this case, there was no case to go to a jury. But the court thought otherwise. And the prisoner called four witnesses who gave him a good character.

Not GUILTY .

Tried by the second Middlesex Jury before Mr. COMMON SERJEANT.

Reference Number: t17940115-75

143. KEZIA SHEPHERD , PETER FERRIL and ANN WILSON were indicted for burglariously breaking and entering the dwelling house of Henry Ferris, about the hour of twelve in the night, of the 13th of January , and burglariously stealing therein a flock bed, value 8s. two woollen blankets, value 1s. a cotton counterpane, value 6d. a flock pillow, value 6d. four wooden chairs, value 6s. an iron grate, value 3s. two wooden tables, value 3s. a pair of bellows, value 6d. and a wooden stool, value 2d. the goods of the said Henry Ferris .

ANN FERRIS sworn.

My husband's name is Henry Ferris.

Q. Was your house broke open at any time? - I don't know when it was broke open, but it was broke open last Monday was a week, I was gone out, and I had locked my door, between four and five in the afternoon.

Q. Does your husband keep house now? - No, he is a seafaring man, he is a quarter-master; I keep one room in the house, the house is let out in different tenements.

Q. Is your husband absent from you now? - Yes, he has been almost a twelve-month.

Q. How many other people are there live in this house? - It is a double house, all let out in tenements, in different lodgings, every floor to different families.

Q. Did the landlord live in this house? - No, he does not, my landlord keeps quite a separate house.

Q. What time did you return? - I returned home between eleven and twelve at night, I found my door broke open, and all the things gone but the bedstead; I lost a flock bed, two woollen blankets, a cotton counterpane, a flock pillow, four wooden chairs, an iron grate, two wooden tables, a pair of bellows, and a wooden stool.

Q. Have you ever recovered any of these articles? - No, I have not got them, they are all here, I saw them that night in the peoples room, they live in the same court, right facing of me.

Q. Did you see the articles in the room of these people? - I did.

Q. What time did you see them? how soon after you came home? - Directly as I came home I was taken up to be shewn where they were.

Q. What was done with the goods you saw there? - They were left there that night, the constable has had the care of them since.

Q. Had you any acquaintance with these people? - No further than neighbours.

Q. Was there any debt, or any dispute between you? - No, nothing of the kind.

REBECCA SIDNEY sworn.

I work at slop work, my husband is on board a man of war, he is a foremast man.

Q. What do you know about this business? - I know about four or five o'clock Mrs. Ferris called upon me, and told me that she had lost the key of the door, and she would be obliged to me to lend her my key to lock her door? I said if I lend you my key I shall want it, for I am going out (I lodge over Mrs. Ferris) I lent her the key, and she returned the key to me immediately; about half after eleven I heard an alarm come to the landlord next door, a public house where I was, that her door was open, and the things gone.

Q. Did she come over on that alarm? - Yes, and I went and saw the place empty.

Q. In what condition did you find the door? - The door was bursted open, the bolt of the lock was bent quite double, the door was forced, and the room appeared stripped; I know she had four chairs, bed and bedding, but I cannot swear to them.

Q. Don't you know how the person got the intelligence were the things were that were missing? - By searching about the houses up the court; the person is here that searched.

JOHN WRIGHT sworn.

I draw beer for Mrs. Parish, the sign of the Windmill, in Windmill-court, Rosemary-lane; Mrs. Ferris lives in Windmill-court; in consequence of the alarm people went up the court to search several houses, and we saw a light in Shepherd's room, the prisoners, Shephered and Ferril lived together as man and wife.

Q. You understood them as man and wife? - Yes, they past as such, while they were in the court; I was in bed, but on the alarm I got up out of bed, and looked and saw the light, and they put the candle out on the alarm, this gentleman Mr. Brown, he came to my

Q. About what time did you see this light? - It might be on twelve when I got out of bed and went to the window, and I saw two people going up the stairs of Shepherd and Ferril.

Q. Were it Shepherd and Ferril themselves? - No, it was Mr. Brown and a fellow servant of mine; when they were up Mr. Brown and my fellow servant, gave the alarm of the property being in the room.

Q. Did you hear that yourself? - Yes, I heard them say that the property was in Shepherd's and Ferril's room; Mr. Brown is here. On which I took and put on my clothes, and I came down stairs, and the prisoner, Shepherd was standing at the door, and the watchman, at the door of the house where she lives, the street door, she keeps a one pair of stairs; I went up stairs, the watchman was going to take charge of Rebecca Sidney, I told him she was not one of the persons, if Mrs. Shepherd would go up stairs I would shew him who were the persons, with that she went up, and I followed, and the watchman and I saw them all three in the room, and the property, after that the watchman came up, and took charge of the prisoners.

Court. Does Wilson live in that room? - Sometimes she is there, she does not live there, she works in scourering gun barrels, in the next court to us, which is called Swan-court.

Q. What was done with the property? - There was a padlock clapped on the door, by my mistress's brother-in-law the next day, his name is Andrew Parish, and the key was taken to my mistress, Mrs. Parish.

Q. Did you see them locked up in the room that night? - I did not, the next morning I went to assist the taking of the prisoners to the justice's, and the constable sent me down for the four chairs, to take up to the magistrate, and I went and got the key of my mistress, and unlocked the door, and I took them to the magistrate.

Q. What was done with them after that? - They were left at the magistrate's office.

Q. Do you know whether these chairs are here? - Yes, they are, and some of the rest of the property.

MICHAEL BROWN sworn.

My wife and another woman was out, and coming home again they came by this door, and Mr. Ferris's room, and they saw a candle alight in the room that was stripped, and they came and told me, and I went to the room, I went no further in than the threshold.

Q. Did you see any persons in the room? - I did not.

Q. Did you see a light there? - Yes, the candle was left burning.

Q. What time was it you might see this candle burning in the room? - About twenty minutes after twelve, I went into the public house then, when I found the woman's things were gone, and she was drinking at the public house, and a great deal of do I had to get her home to her own habitation, out of the public house.

Q. Did you go back with her to the room? - I did.

Q. Did she miss the articles in the indictment? - She missed them, and then she began to cry, and then I went back to the public house, and Mr. Parish came along with me, and James Stone .

Q. When you went back to the public house where did you go then? - I light a candle at the public house, at the bar, I wanted to have an over haul about the neighbourhood, whether I could find the

property or no, I went up in the garret belonging to the same house first, the man that kept the room was in bed but his wife was up, then we went into this room where Shepherd and Ferril lives and found the things, they live in the court with Mrs. Ferris, on the opposite side of the way.

Q. Who did you find in the apartment, all the prisoners? - Two of them.

Q. Who were the two prisoners you found, the man and the young girl, and the old woman was at the street door, standing with a candle in her hand; the old woman, Shepherd, says where are you going to? I said I am going up stairs to your room, for I have a strong suspicion of some of these things being in it; says she, you need not slurry yourself Mr. Brown, for there is some of the goods on my stairs; then I went up stairs, I could not find any goods on the stairs, as she told me, I found them in the room, I saw one bed, one blanket, some chairs, I don't know how many, an iron grate; the people were taken to the watch-house, I helped to take them there myself.

Q. What was done with the goods? - They were left in the room.

Q. Who had the care of them after they were left in the room? - I don't know.

JOHN WEAVER sworn.

I am a police constable of Whitechapel. On Tuesday afternoon, the three prisoners at the bar, were brought from the watch-house to the office, and delivered to my charge about eleven, and was taken before the magistrate; it was Tuesday the 14th of this month in the forenoon, the goods were not brought up, and they were taking their examination, and I was sent down to Ferril's room to bring up some property to swear to, and I fetched four chairs from Ferril's room.

Q. Was the room locked or how? - It was locked, I went to a public house with Wright for the key, and it was delivered me at the bar after she had deposed to the chairs, I was sent down to take the whole of the things out which belonged to her, I brought away one bed, two woollen blankets, a cotton counterpane, a pillow, an iron grate, two wooden tables, a pair of bellows, and one stool, which I have had in my possession ever since; here are some small matters besides, I have two letters which came to Mrs. Ferris to her house, it was on the tops of one of Mrs. Ferris's tables, which had been stolen in a little tin box, and a little piece of coin, which was her husband's first wife's; it is a bit of copper engraved, with a name on it, Susannah Schreder , born 25th February 1757.

Mrs. Ferris. I have seen these letters before, they were taken out of the chest, I cannot read myself, they have been read to me, I believe they came from Plymouth or Torbay, I cannot say which, these were in my chest, the chest was not taken away, but it was broke open, and I lost a great number of duplicates which I have not light of since; That little tin box was my husband's first wife's play thing, when she was alive; and that piece of copper was her maiden name on it; these are my chairs, there are two bits out in the back of one of them, they are all fellows; I have no doubt of the table; my bed is patched in the inside with another sort of stuff; one blanket has got a hole in the middle, the other has not, the cotton counterpane is tore on each side, they are all mine.

Q. How long had you lost the key of your room? - This was on Monday, and I lost it the Monday before but the door was forced open; the Monday before I went to Chelsea to seek after a man that owed me some

money, and the woman lost it that took care of the child while I was gone, the woman was neither of the prisoners.

Prisoner Ferril. My lord I am a labouring man and unable to fee counsel, I therefore hope your lordship will be my advocate. When I work in town I generally lodge at Kezia Shepherd 's, one of the prisoners, who passes as my wife, although it is well known among our acquaintances we are not married; and also Ann Wilson is very intimate with Shepherd and mostly with her. On the 12th of last month I was ill and not able to leave the lodgings and go to work as usual; between eight and nine in the evening of that day, Wilson came into the room and took the candle to go into the yard and then went and brought a bed in, declaring this, that as her father would not furnish her she was resolved to get furniture for her room; and then as she was going down stairs I heard her say, God bless you mother; which I thought the meant her mother, then she came again into Shepherd's room bringing more things; on which I got out of bed and insisted on Shepherd's going to ask her mother if she was giving her the things; and the returned and said that she had been her mother, and that she said she had given her the things. I heard a noise below stairs, after this I started up and put on my great coat, Ann Wilson wanted to go out of the room, I told her I would not have the door locked, nor let her go till I knew what was the matter; immediately her father came in, which I asked if them things where his that were brought there? he answered they were not his, and I was taken into custody and was scarce allowed time to put my clothes on. And then before the justices next day the prisoners declared that I knew nothing of the matter, and the prosecutor said that she believed me to be an honest harmless man and had nothing to lay to my charge, but for what reason I cannot tell I was committed; I also beg leave to say that I did not take the lodging nor pay the rent, I only generally live with Shepherd when I came to town, this is the real state of my case, which I humbly submit to your lordship, hoping no kind of selony will appear on my part.

Prisoner Wilson. This afternoon that the place was broke open, my father and I had a few words, this Mrs. Shepherd asked me to go and have a pint of beer, I went with her to the public house, and I saw Mrs. Ferris there very much intoxicated with liquor, with one Mrs. Bowyer, she takes hold of me and says, O, what you have brought yourself to; O, says I, my father has turned me out of doors to work at the gun barrels; so after that she treated me with a glass of liquor and then she goes out to the Blue Anchor and there she began quarrelling, and I took Ann Ferris 's part, with that she asked me to go and have some more liquor, but she got with other company, and never offered me any of the liquor, they did not seem to speak to me, and so I returned from the Blue Anchor to this man's room, to where he was, so going into the room I saw this man and woman setting by the fire, when I went in I said you are all here sitting by the fire, will you give me any thing to drink? Mrs. Shepherd goes out to a chandler's shop and gets some liquor, and she gave me some, and her husband some, with that I turns out of the room and said I will be back again presently, with that I found by going that my mistress was in bed, and I went back to this room and Mrs. Ferril was on the stairs, and I saw the furniture then in the room, and this man was laying on that

woman's bed; with that Mrs. Ferril went out, I cannot say where the went; afterwards, the man Ferril was laying on the bed, and Mrs. Ferril called to me and said, give me a light; I went to her and I said, have you been buying any goods? yes, says the, I have been, because Mrs. Ferris wants to go to Portsmouth; after that I went up stairs and I heard a great alarm presently, and my father, that is there, Michael Brown, he comes up stairs, and Mr Parsh, that keeps the Windmill, was one of the two men that went into the room, and the watchman, and they took this man and woman, and me.

Prisoner Ferril. When this woman came up the asked for a candle to go to the vault, and she returned with the candle; she was going down stairs afterwards, I was laying on an old bed, with no blanket over me nor no blanket under me; the came up stairs again, and this woman brought up a drop of gin for me, and they gave it to me as I was laying on the bed; says I, who is that brought this bed here, or who sent it here? Why my mother, says this young woman. Then by and by the chairs came up; I started up, and said, I would not put up with all this here, I must know the rights of it; says I to this woman; you go down stairs, and go to this girl's mother and know the rights of this affair. Accordingly she went down and told me it was all right: then they went down again and stopped and brought the stove; afterwards I heard a noise in the court, and I observed they put the candle out directly; I said, what is this? here is some mischief; Mr. Brown was the first man that entered the room; says I to Mr. Brown, are these your property that your daughter, Ann Wilson , has brought into the room? No, says he, they are not my property.

Court to Brown. Are you the father of that girl, Ann Wilson ? - Yes.

Q. How comes she to go by the name of Wilson? - She is married; her husband is at the Isle of Wight; I had a letter from him two or three days before.

Court to Wright. See if you know the chairs? - I know the chairs; I observed there were some pieces out in one, and likewise one of the square tables, the top is the lid of a chest, and it has a grove round the leg.

Kezia Shepherd , GUILTY . (Aged 59.)

Peter Ferril, GUILTY. (Aged 35.)

Of stealing, but not of the burglary.

Transported for seven years .

Ann Wilson , Not GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17940115-76

144. JAMES DUPIER was indicted for feloniously making an assault, on the King's highway, on Charles Belliard , on the 9th of January , and putting him in fear and feloniously taking from his person, and against his will, a gold chain, value 4l. two cornelian seals set in gold, value 6l. a blood stone seal set in gold, value 2l. two gold watch keys, value 10s. the goods of the said Charles Belliard.

(The case opened by Mr. Raine.)

CHARLES BELLIARD sworn.

On the 9th of this month I was at Mr. Lee's, a stationer, in Compton-street, the house is situated with a corner that is round, and one side of the door was shut, and the other open; I was in the back room, and standing by the fire side; a man came into the fore shop, and he

asked for a half pennyworth of paper, and he looked where I was, and he said, there is a dancing master; they said, no; I came out of the back room and saw a man at the door that was shut up, the side of Greek-street.

Q. Do you mean he was the outside of the door next to Greek-street, behind the door? - Yes.

Q. Is the door that leads into Greek-street a solding door? - Yes. I saw the man behind the half door that was shut, as I was coming out, and so I went to come out by the door that was open, and then he fell on me, and struck me, and laid hold of the chain of my watch and threw me down, having the chain of my watch in his hand; but having a button to my fob he could not get the watch out, but he got the entire chain. It was a gold chain with three gold seals, and two gold keys; the whole cost me upwards of fifteen guineas, the chain cost me about six guineas, one seal, my coat of arms, cost me five guineas engraving, and a guinea and a half setting. I know the man.

Q. Did you observe the man that robbed you? - Being on the ground I called out stop thief! and the man was immediately taken, within two or three doors from where he committed the robbery.

Q. Could you see him before he was taken? - I took notice of him at the time that he fell on me and struck me, but not so far that I could be positive to his face, but I am positive to his dress, which was a very dark brown, and his hair was remarkable, came down half way of his face, such as he appears to be now.

Q. Can you say any thing more with respect to the person of the man that robbed you? - No, I cannot say any thing more.

Mr. Knowlys. Was it a foggy evening? - No, quite a clear night, there was a lamp at the door.

Q. Had you your spectacles on at the time? - No, I can see very well, but not to read any thing.

Q. Did you see the person who robbed you before you was pushed down? - No, I see his back, and then I thought it was Mr. Lee's man, who was there ready to open my chariot door.

Q. Was you quite thrown down? - Quite flat, and very much hurt in my knee, which I feel the pain now at this present time.

Q. There was a man came in and asked if you was a dancing master? Did you make any particular observations on that man? - No, I did not see him at all.

Q. Was your carriage at the door? - My carriage was in Greek-street, but the horses were almost a head to the door; if the coachman had been in Compton-street he would have been the whole affair, but he saw nothing.

Q. What age are you? - Eighty next August.

HANNAH BEMFLEET sworn;

I lodge at the house of Mr. Lee, stationer, in Compton-street.

Q. Pray did you happen to be in the shop at the time this accident took place? - I went to wait on Mr. Belliard out of doors; I observed a man within side of the doors; I had been called out by a little girl to come into the shop, supposing he wanted to buy something; the man was inside of the door that was shut to, in the shop, on the steps, it was a folding door one half shut; his right hand was against the part of the door that was shut, and with his left hand he endeavoured to shut that door that was open, to force Mr. Belliard out, which by the force of his pushing the door he fell into Compton-street; the double door looks into both streets, it is a round door, and one part

Q. What followed? - The man picked him up at the same time, and at that time, I suppose he took the chain. Mr. Belliard then said, he has picked my pocket; the man immediately ran, and I called stop thief!

Q. Had you an opportunity of observing this man before you went out? - No. I cried stop thief in the street; I see his face sufficient at the time that he picked Mr. Belliard up, to know, when taken, that he was the man that threw him down.

Q. Are you positive as to the person of the man? - No, I am not.

Q. Are you positive that the person that was taken, was the man that you saw with Mr. Belliard? - I am; I observed that he was particularly pale, that his hair was at that time loose, and very low on his cheeks.

Q. You are quite certain that the man that was afterwards taken was the man that threw Mr. Belliard down? - I am very certain.

Q. Do you believe the prisoner to be the man? - I believe he is the man.

Q. Do you mean to swear that he is the man? - No.

Q. You say you are positive as to the man that threw this gentleman down? - I am.

Q. Do you mean to say that you don't know that to be the same man? - I hardly saw him enough to swear to him at this distance of time.

Q. Can you tell me in what time he was brought back? - In five minutes.

Q. You lost sight of him then? - I did.

Mr. Knowlys. This house is round at the corner, but one side is Greek-street, and the other is Compton-street? - It is.

Q. So this person might have run up Greek-street, towards Soho Square, gone down Greek-street, towards Newpart Market, Compton-street, or towards Carnaby Market? - He might.

Court. Is there four different ways from these houses? - There is.

Mr. Knowlys. So that at this spot where Mr. Belliard was thrown down, they might have taken four courses? - They might.

Q. My friend asked you if you observed the man do this? and the answer you gave was, no; I dare say you remember it.

Court. The question was, did you observe the man in the shop? - I remember saying that the man was within side the door, but I had not an opportunity of seeing his face, because his back was towards me.

Mr. Knowlys. You said the man was within side the door with his right hand or left was it, that he pulled the door to? - With his left hand, with his back towards the counter, within side of the half door that was shut.

Q. Then on shutting the door within side of the shop he endeavoured to shut the door on himself, and Mr. Belliard? - Yes, at the same time to prevent, as I supposed, me from coming out.

Court. Explain that about his hand? - The door was open on his left hand side of coming out of the shop, his right hand against the part of the door that was shut, his hand was about Mr. Belliard, and he endeavoured to shut the door on himself; and Mr. Belliard at the same time, and pulled the door to after him, there is only one step.

Mr. Knowlys. Then what Mr. Belliard said that he was waiting outside of that part of that door that he shut at the time he got out is not correct? - He may mistake.

Q. Mr. Belliard is not correct that the man was outside of the door when he went out? - Not in that point.

Q. Will you be so good as to look to that man at the bar, I believe you do not

Q. That hair is curled, I believe you will find I shall be able to convince you that his hair is in the same situation as it always was.

Q. Do you find that to be the case of his hair now? - I do not.

Q. Then that which attracted your attention to the man's person was the hair being so much over the face? - From the size of the man altogether. I see him a moment or two before he threw Mr. Belliard down, but I see his face when he listed Mr. Belliard up.

Q. Supposing his hair is not in the same situation in which it was on this day, he is not the man? - He is not.

Q. I take it for granted you was a good deal slurried on this occasion? - I was at seeing Mr. Belliard thrown down.

Q. I believe so much frightened that when you saw Mr. Belliard thrown down you screamed out? - I did.

Q. And till the man was listing Mr. Belliard up, you had no opportunity of seeing his face? - I had not.

Q. Are you sure that the man that threw Mr. Belliard down listed him up likewise? - I am sure of that

Q. Did you direct any body to look up that part of the street that looked towards Soho? - No.

Q. Or any passage but that one you thought the man ran by? - No.

Q. Whatever search has been made after these seals and chain, they never have been found at all? - No.

Q. I don't know whether the prisoner was searched in your presence, when he was taken? - He was not.

Q. Did you go to Bow-street? - I did not.

Court. Did you observe in point of fact which way the man did run? - Up Old Compton street towards Princes-street.

NICHOLAS DAWKINS sworn.

I am a footman to the Dutchess of Bedford.

Q. I believe you was in Compton-street last Thursday seven night, in the evening, between five and six? - I was walking very fast towards Dean-street, Soho, I got past Mr. Lee's, on the opposite side of the way I heard the cry of stop thief, I turned my head and I saw the man run from Mr. Lee's door, he might be the space of one house from the door before I saw him.

Q. Was he going in the same line as you was? - He was, only it was the other side of the way, I ran across directly, in about five or six doors I stopped him and had him back to Mr. Lee's.

Q. What was the street in which you saw him? - In Compton-street, and Mr. Belliard said that he believed he was the man that robbed him of his chain.

Q. Was there any lady there when you carried him back? - There was Mrs. Bemsleet; she said the believed he was the man; she said the thought it was the same by his black hair and his face being so very pale; the watchman took charge of him directly, and took him to the watch house.

Q. Did the prisoner say any thing? - When I got him and he was going along, he said he was not the man, I threw him against some shutters that jetted out at the corner, about five doors from Mr. Lee's, he was not searched in my presence, he said he was not the thief, he was not the man.

Q. Should you know the man that you secured if you was to see him? - I am positive he is the man.

Mr. Knowlys. There is no doubt but what he is the man that you stopped, you had not the curiosity to look up Greek-street, whether there was any body running that way? - I had not.

Q. He had past Mr. Lee's door when you saw him? - He had about one door and I rushed across, and in about five doors I stopped him.

Court. Had the man that you took a hat on or not? - His hat flew off against the shutters.

Q. Did you pick it up? - I did.

Q. Was it a round hat or a cocked hat? - A round hat.

Court to Prosecutor. Had the man that robbed you a hat on? - He had a round hat on I believe so, but I will not be positive.

Jury to Dawkins. In what state was his hair at that time that you took him? - There was no powder in it as I observed, it was very black.

Q. Was it in the same state as it is at present? - I think it was not curled so much as it is now; but I will not swear to that.

Q. Was it long or short or how? - I did not observe whether it was tied up or not, it was not turned back.

Q. Did you observe whether it hung long over his shoulders? - I did not observe. I am positive that is the man that I took.

Court to Mrs. Bemfleet. I want to know whether the man you observed and pushed the gentleman down out of the shop, had a hat on? - He had a round hat on.

Prisoner. I was at work that day till four o'clock in the afternoon, when I went out to take my shirt and stockings to the washerwoman in Drury-lane, and then I was going up for a bobbin of flax, and as I was running along this gentleman's servant knocked me down and brought me back to his house. I asked them what they knocked me down for? and they kept me there till about seven o'clock, and they took me before the justice, and I told the same story; I had worked very hard all day, and work very hard for my living, I never did a bad thing in all my days. I am a shoemaker, I was going to Edmonds's court for a bobbin of flax from Exeter-street, where I had had a pint of beer, after I took my shirt to the washerwoman's.

JOHN ROACH sworn.

I am a boot-maker by trade, I work for Mr. Hoby, in York-street, Covent-garden, I have worked for him between twelve and thirteen years.

Q. Are you still in his employment? - I am. I have known the prisoner at the bar for four or five years, he has been my shopmate in the same trade, and in the same room for three months.

Q. Do you remember the day when he was taken up? - I do.

Q. Did you attend before the magistrate on that day? - I did.

Q. Was he in his business on that day, working? - He was.

Q. To what time do you know he was at work that day? - Till dark, somewhere about four o'clock, it was a very foggy evening.

Q. When he left work did he leave the house? - He left work at dark, and told me to blow up the fire, and make the kettle boil, he would be back as soon as possible.

Q. Where is the room where you work? - In Exeter-street, in the Strand, at Mr. Porter's, he keeps a cook's shop

Q. Did he give any account where he was going, or what he should do with himself when he was absent? - He told me he was going to his washerwoman, with his shirt and pair of stockings, and he would be back as soon as possible.

Q. Where did he say his washerwoman lived? - At the Constitution house, in Drury-lane.

Q. Was he to go any where else after that? - He was to go to the grinder's to bring some flax, to go on with his work.

Q. Do you know where that grinder lived? - Edmonds's-court, Leicester-street, Leicester-fields, the bottom of Compton-street, in the parish of Soho.

We waited till five o'clock, expecting him to come to tea, I was in the room when the prisoner set out, and he worked with us all day.

Q. How long was it before you heard of his having been taken up? - In the course of half an hour, he sent a messenger to me to inform me he was in St. Ann's watch-house; in consequence of that I went immediately to him to the watch-house, the patrole and the constable were searching of him when I went in, and he cried and said they had charged him with a robbery, and he was quite innocent, he knowed nothing of it, for he was running to the grinder's for some flax; I went up with him to the office myself, and gave the same account as I give here, to the best of my knowledge, every word. I never worked with a soberer man, or an honester man in my life, and has never been a night out of his lodging.

Q. Did he give that account before the magistrate, that he was going to the grinder's? - He did, and the magistrate said he was very sorry that with such a character he was obliged to commit him.

Court to Prosecutor. Was there any candles in the shop when you was thrown down and robbed? - Yes, there were candles light, it wanted about a quarter to six.

Mr. Rains to Reach. When did you first hear of the robbery? - About half after five, to the best of my knowledge.

FREDERIC MACCLUER sworn.

I am a boot-closer, in Exeter-street, I work with Roach, and the prisoner at the bar, I work for Mr. Hoby.

Q. Was you at work with the prisoner at the bar the day he was taken up? - I was, he left off work at dark; he said he was sorry that he had got to go out, he wanted to make another shoe that night, and if it had not been so late in the week for taking his linen, he would not have gone out.

Q. Where did he say his washerwoman lived? - In Drury-lane.

Q. Was he to go any where else besides the washerwoman? - I cannot say, he did not mention, but I believe afterwards he went for flax; he was using my flax all the day; it is a custom to lend one another our flax, when our flax is out, until we have an opportunity of going out.

Q. Do you know where he got his flax? - No, I don't know, sometimes at one place, and sometimes at another, where ever we get it bad one time, we make a point of going to another place the next time, to see if we can get it better.

Court to Mrs. Bemfleet. You did not state before whether there were any lights in the shop? - There were two candles on the counter.

Mr. Knowlys to Mac Cluer . What sort of a night was this? - Very frosty, and very foggy.

Q. Look at his hair, is his hair in the same state as when he left you that night, to go to his washerwoman's? - It is in the same curl as to the sides, and if he was to let it loose behind, it would curl the same.

Mr. Rains. He left work about four o'clock; about what time did you first hear of his being in custody? - About six o'clock, as near as I can recollect.

Mr. Knowlys. What character did this man bear for industry, and honesty? - A very good one.

Mr. Knowlys to Reach. Look at the prisoner's hair, is his hair less down on the sides of the cheek, than when he worked with you? - The very same, to the best of my knowledge.

Mr. Rains. Roach, take care what you say; in what condition was his hair that day? - In every respect as it is now.

Q. Was it tied behind? - It was not.

Q. Do you recollect whether his hair was tied or loose that day? - Sometimes he used to tie it, and sometimes it was loose; as to the length over his cheeks, it is the same as it was then.

The prisoner called his master, George Hoby, and five other witnesses who gave him an excellent character.

NOT GUILTY .

Tried by the first Middlesex Jury before

Mr. RECORDER.

Reference Number: t17940115-77

145. BENJAMIN POOLE was indicted for stealing, on the 11th of December , a silk handkerchief, value 3s. the goods of James Rouswell .

(The case opened by Mr. Knapp.)

JAMES ROUSWELL sworn.

I am clerk to the police office at Shadwell , and an attorney at law ; the prisoner at the bar was brought by captain Lang to be bound to him as an apprentice , I was to fill up the indentures, I did fill up the indentures.

Q. On that day did you lose a silk handkerchief? - I did, out of a drawer in a little parlour, which I had at the back of the public office. I had seen it that morning about eleven o'clock, about half an hour before the prisoner came, I put it in the drawer myself.

Q. When the indenture was filled up, how long was it after he went away that you missed the handkerchief? - I did not miss it till I wanted to put it about my neck, in the evening; in consequence of that I ordered the next witness to go the next morning to the captain.

Q. Do you happen to know whether the prisoner was in that parlour or no? - He was in that parlour, sitting close to the place.

Q. Do you know whether he was left alone? - Yes, I was called into the office, and he was left alone, a short period of time; I desired William Tellcap , the next witness, to go to the captain's in the morning, before he went to be flopped, as they call it.

Q. Did the witness bring the boy? - Yes, and the handkerchief.

Q. Did you see the handkerchief taken from him? - No, I did not, the witness see it taken.

Jury. Was the drawer open or locked? - No, it was unlocked, and part of it open, so that a part of the handkerchief might be seen.

WILLIAM TELLCAP sworn.

I am clerk to Mr. Roufwell, at the public office, at Shadwell, and clerk to the office.

Q. In consequence of any information did you go after this boy? - I did, and found him nearly opposite the public office, the handkerchief was about his neck, I desired him to come into the office, it was between eight and nine the next following morning, and I asked him how he came by the handkerchief? he informed me he had picked it up at the door; I desired him to take it off his neck, I took it from him in the office, I have kept it ever since.

Rouswell. This is my handkerchief, it has J. R. in the middle; this is the same handkerchief that was in the drawer.

Mr. Knowlys. What is the value of it? - Three shillings, I value it In the indictment.

Prisoner. I went here to be bound as an apprentice, as I came out to be bound from the place, I picked up this handkerchief, and I took my cravat off, and put it about my neck immediately, had I had a design of stealing it, I never would have put it about my neck, close to the office.